Transferee pendente lite may be impleaded in pending appeals when necessary for complete adjudication of the dispute.

A transferee pendente lite may be brought on record in pending second appeals where his presence is necessary for complete adjudication of the controversy. Order 1 Rule 10 allows addition of a party whose joinder is necessary, while Order XXII Rule 10 permits continuation of proceedings by or against a person on whom interest has devolved during pendency, subject to prima facie satisfaction at the stage of leave. Although such a transferee remains bound by the decree under lis pendens, that does not bar impleadment where the acquired interest in the subject matter is substantial. On that reasoning, the request for substitution was stated to be wrongly rejected.

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Issues: Whether a transferee pendente lite could be brought on record in pending second appeals by substitution under Order 1 Rule 10 and Order XXII Rule 10 of the Code of Civil Procedure, 1908, despite the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882.

Analysis: Order 1 Rule 10 permits addition of a party where the person ought to have been joined or where his presence is necessary for complete adjudication of the controversy. Order XXII Rule 10 enables the appellate court to continue proceedings by or against a person on whom interest has devolved during pendency, and the court need only be prima facie satisfied at the stage of leave. A transferee pendente lite is bound by the decree, but that does not mean he can be excluded as a matter of course; if his interest in the subject matter is substantial, he may be impleaded so that the dispute is effectively and completely adjudicated. The pendency of the appeal and the appellants' acquisition of the property gave them a direct and subsisting interest in the litigation.

Conclusion: The application for substitution ought to have been allowed, and the rejection of the appellants' request was erroneous. The appellants were entitled to be brought on record and heard in the pending appeals.

Ratio Decidendi: A transferee pendente lite may be impleaded or substituted in pending proceedings where his presence is necessary for complete adjudication, and the court may grant leave on a prima facie satisfaction that the interest has devolved during pendency.

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