Impleading.

G. ARAVINTHAN (Querist) 05 June 2011 This query is : Resolved
Suit for bare injunction.
Defendant take defence that he sold the property to 3rd party before the date of cause of action and the case of plaintiff is false.

Plaintiff filed application to implead subsequent purchaser?

is that application maintainable?

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PALNITKAR V.V. (Expert) 07 June 2011
Depends on the kind of injunction sought for. If the injunction sought is of personal nature i.e one requiring personal obedience, the subsequent purchaser can not be impleaded unless the cause of action continues against him as well. The question is whether the cause of action survives against the subsequent purchaser? If yes, he can be impleaded.

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