Code of Civil Procedure, 1908–Sec. 96 & Order 1, Rule 10–Transfer of Property Act, 1882–Sec. 52–Application for impleadment filed by respondent nos. 1 & 2 has been dismissed by the Trial Court–The said order was not challenged–Whether the rejection of application under Order 1, Rule 10 is per se a ground to reject the application for leave to file the appeal ?–Held, no –The Appellate Court has to see whether the transferee pendente lite aggrieved by the decree or is otherwise prejudically affected by it–The Appellate Court has to examine that if the decree is allowed to stand, the same will operate res judicata.
