Transfer of Property Act, 1882–Sec. 52–Impleadment of a transferee pendente lite–Governing principles-
(i) First, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the Court can permit such a party to come on record, either under Order 1 Rule 10 CPC or under Order 22 Rule 10 CPC as a general principle;
(ii) Secondly, a transferee pendente lite is not entitled to come on record as a matter of right;
(iii) Thirdly, there is no absolute rule that such a transferee pendente lite, with the leave of the Court should, in all cases, be allowed to come on record as a party;
(iv) Fourthly, the impleadment of a transferee pendente lite would depend upon the nature of the suit and appreciation of the material available on record;
(v) Fifthly, where a transferee pendente lite does not ask for leave to come on record, that would obviously be at his peril, and the suit may be improperly conducted by the plaintiff on record;
(vi) Sixthly, merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently, he would be bound by the result of the litigation, though the remains unrepresented;
(vii) Seventhly, the sale transation pendente lite is hit by the provisions of Section 52 of the Transfer of Property Act; and,
(viii) Eightly, a transferee pendente lite, being an assignee of interest in the property as envisaged under Order 22 Rule 10 CPC, can seek leave of the Court to come on record on his own or at the instance of either party to the suit.
