Lis pendens bars transferees pendente lite from impleadment as of right in a pending property suit.

Section 52 of the Transfer of Property Act embodies the doctrine of lis pendens and, on public policy grounds, prevents a transfer during the pendency of a suit relating to immovable property from defeating the rights determined by the decree. A transferee pendente lite is bound by the result of the litigation and does not become a necessary or proper party as of right merely because the transfer occurred during the suit. The court held that the transferees were not entitled to impleadment as of right, and the order adding them was unsustainable.

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Issues: Whether transferees pendente lite were entitled to be impleaded as parties under Order I Rule 10(2) of the Code of Civil Procedure, 1908 in view of Section 52 of the Transfer of Property Act, 1882.

Analysis: Section 52 embodies the doctrine of lis pendens and operates on grounds of public policy. A transfer made during the pendency of a suit relating directly to immovable property, without leave of the court, cannot affect the rights of the other party under the decree that may be passed. A transferee pendente lite is bound by the result of the litigation and does not, as of right, become a necessary or proper party merely because the transfer took place during the suit. The earlier authorities relied upon by the respondents did not support a contrary rule and the absence of their vendors from the suit did not override the statutory effect of lis pendens.

Conclusion: The transferees pendente lite were not entitled to impleadment as of right, and the High Court's order allowing their addition was unsustainable.

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