institution of suit
lalitkumar bhandari
(Querist) 18 November 2010
This query is : Resolved
builder exectued devolpment agreement with other party in the year 1990.therafter builder has filed suit for specific performance against the other in the year 1995 and registered the notice of lis pendence the said matter is pending before the court till today.meanwhile the defedant excuted another devolpment agreement with third party in the year 1999.the third party filed the application in said suit for joining them as defedant the said application was rejected by the court.thereafter the third party excecuted another devolpment agreement with fourth party and fourth party alongwith 1 st defedant sold their rights to the fifth party and fifth party along with third party executed joint venture agreement and then the fifth party and 1 st defedant executed conyence deed in favour of Slum Rehabilation Authority.In this circumstances what are the remedies availble for all this illegal transactions?whether I challenge the said conyence deed by filng separate suit?or should I add them in pending suit?if seprate suit is file wheter it is barred by Principle of Res Judicata.reply
Devajyoti Barman
(Expert) 18 November 2010
No need to file separate suiit nor addition of them. All the subsequent stake holder would be bound by the decree of the court currenly pending by vrtue of rule of lis pendence.
lalitkumar bhandari
(Querist) 19 November 2010
thank you sir!but question is that Now the SRA going to devolpe the property and creating third part intrest and if it is going on we will face the difficulty at the time of execution of decree?
