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january 2004

Supreme Court of India · 2004-01-20

Raj Kumar vs Sardari Lal

Citation / case number
2004 AIR SCW 470
Court
Supreme Court of India
Petitioner
Raj Kumar
Respondent
Sardari Lal
Author
R.C. Lahoti
Bench
Ashok Bhan, R.C. Lahoti

Judgment text excerpt

The Supreme Court held that a transferee pendente lite is bound by the decree passed against the judgment-debtor, as established under Section 52 of the Transfer of Property Act, 1882. The Court clarified that an application under Order 9 Rule 13 of the CPC can only be filed by a defendant, and the transferee must seek to be brought on record under Order 22 Rule 10. The appeal was dismissed, affirming that the transferee's failure to act does not exempt them from the consequences of the decree against their vendors.

Raj Kumar vs Sardari Lal · Niyam