Procedure in appeal

Sanjay Dhiman (Querist) 28 March 2012 This query is : Resolved
In lower court plaintiff challenged a 'will, the suit was decreed, and between the time of filing appeal, plaintiff/DH has made agreement to sell in lower price than market value, received whole consideration amount on condition, i.e. he will got registered the sale deed after completing the litigation or at the time of not imposing staying order, if suit fate was against him, whole consideration amount will be forfeited.
Now, question is, whether the said subsequent purchaser can be impleaded as party in the present first appeal? which is going on. please let me know, i will be highly obliged.

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Raj Kumar Makkad (Expert) 28 March 2012
No. The proposed purchaser cannot become party in the pending appeal.

SAINATH DEVALLA (Expert) 28 March 2012
Dear Sanjay,

Though the suit was decreed,but the final appeal is pending,hence the plaintiff actually cannot sell the property.The proposed purchaser has nothing to do in your final appeal.

Kiran Kumar (Expert) 28 March 2012
there is no subsequent purchaser yet, there is merely an agreement to sell.

in case the property is transferred now, it will not give any benefit to either the seller and the buyer.