Purchaser Pendente Lite of Suit Property -- Purchaser of suit property during pendency of suit from an impleaded defendant is a necessary party to suit for declaration of tenancy
(i) Civil Procedure Code, 1908, O.1 R.10 -- Civil Suit -- Purchaser Pendente Lite of Suit Property -- A person who purchases the suit property during the pendency of the suit from a party already impleaded as defendant steps into the shoes of the transferor and acquires sufficient legal interest to defend the suit. Where the principal relief sought is a declaration of tenancy status over the property, such declaration cannot be granted in the absence of the owner. The purchaser is therefore a necessary party and must be impleaded as a defendant. (ii) Civil Procedure Code, 1908, S.11 -- Res Judicata -- Rejection of Impleadment Application on Technical Grounds -- Rejection of an earlier impleadment application for want of prosecution, without adjudication on merits, does not operate as res judicata. It does not bar a subsequent application seeking impleadment on the same cause, nor does pendency of a later application during an earlier one affect its maintainability.
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