sale of immovable property during the pendincy of the suit

Querist : Anonymous (Querist) 25 June 2010 This query is : Resolved
During the pendency of the suit in the trial court and high court the Defendants have sold the property to the new party and so what is the procedure next to proceed and under what sections of CPC we have to move further. Kindly help and thanks for all the advocates who will respond to my query.

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niranjan (Expert) 25 June 2010
It is hit by lispendance.You should join the purchaser as party and amend the plaint for cancellation of sale deed.

Querist : Anonymous (Querist) 25 June 2010
The trial court had ordered the status quo order and it was said that the possession should be decided only after the main trail is heared.

If we amend the plaint now than there will be further again reissue of summons and new WS will be filed and again the issues will be framed and again the procedure will be dragged. so how best can we go further.

G. ARAVINTHAN (Expert) 26 June 2010
if they sold property pending the status quo order, then you can initiate contempt.

Doctrine of Lis Pendens attracts to the properties which were sold during the pendancy of the Suit/appeal. It is not valid

adv. rajeev ( rajoo ) (Expert) 26 June 2010
File an application u/o 1 r 10 to implede the the purcharer as party to the suit.

Arun Kumar Bhagat (Expert) 26 June 2010
File an application for attachement before the judgement in trial court and register a criminal complaint before Magistrate's court u/s 424 of IPC for removal of property.- Arun Kr. Bhagat, Advocate, Kolkata

Anish goyal (Expert) 26 June 2010
Sale of property during the suit is pending is not void but valid. But the limitation is that such sale is subject to the judgement of the court. So the best thing you can do is to join that third party to the suit under order 1 rule 10.
I don't think contempt proceedings can be initiated on the present facts

H. S. Thukral (Expert) 28 June 2010
My comments are as follows:
Sale deed can not be canceled. The doctrine of lis penden as provided in section 52 of TPA is not to wipe it out altogether but to subordinate it on the rights based on the decree in the suit. As between the parties to the transaction, it is perfectly valid sale and operates to vest the title of the transferor in the transferee. The words in section 52 "so as to affect the rights of any other party thereto under any decree or order which may be made therein", make it clear that the transfer is good except to the extent that it might conflict with rights decreed under the decree or order. Therefore Courts shall be reluctant to cancel the sale.
As far as impleading the subsequent buyer in the proceeding is concerned, a new case shall start and if the case is for specific performance the subsequent buyer is not a necessary party. You need not implead him and if moves an application O1/R10 CPC resist it rather. The property acquired pendente lite, the acquirer is bound by the decree ultimately obtained in the proceedings pending at the time of acquisition.
You have to clarify regarding the order of the trial court mentioned as status quo. If it was prohibition on transfer, before it was transferred then it tentamounts to a contempt of court.

sale of immovable property during the pendincy of the suit

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