Transferee pendente lite must proceed under Order 22 Rule 10, not Order 1 Rule 10, for impleadment.

A transferee pendente lite acquires an interest during the pendency of proceedings, so the appropriate route is Order 22 Rule 10 of the Code of Civil Procedure, which permits continuation of the proceeding by or against the person on whom the interest has devolved with leave of the Court. Order 1 Rule 10, which concerns addition of necessary or proper parties, does not govern this specific situation of devolution of interest during litigation. The transferee may remain bound by the result even if not brought on record, but impleadment depends on leave under the correct provision. An application filed under Order 1 Rule 10 was therefore held not maintainable, and the refusal to implead was sustained.

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Issues: Whether an application for impleadment by a transferee pendente lite was maintainable under Order 1 Rule 10 of the Code of Civil Procedure, 1908, and whether the proper provision applicable was Order 22 Rule 10 of the Code of Civil Procedure, 1908.

Analysis: A transferee pendente lite acquires an interest during the pendency of proceedings and the governing provision is Order 22 Rule 10, which permits continuation of the proceeding by or against the person on whom the interest has devolved with leave of the Court. The provision embodies the principle that a pending proceeding does not come to an end merely because the subject-matter interest has been transferred, and the transferee may be bound by the result even if not brought on record. Order 1 Rule 10, which deals with addition of necessary or proper parties, does not apply where the specific situation of devolution of interest during pendency is covered by Order 22 Rule 10. A party who chooses to proceed under the wrong provision cannot demand that the Court treat the application under another provision having a different scope and effect.

Conclusion: The application under Order 1 Rule 10 was not maintainable, the rejection of the impleadment request was justified, and the petitioner remained at liberty to seek leave under Order 22 Rule 10 in accordance with law.

Final Conclusion: The writ petition failed, and the impugned order refusing impleadment was sustained.

Ratio Decidendi: Where a transfer of interest takes place during the pendency of proceedings, the transferee's recourse lies under Order 22 Rule 10 of the Code of Civil Procedure, 1908, and not under Order 1 Rule 10; impleadment of a pendente lite transferee is a matter of judicial discretion exercised on leave of the Court.

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