Liberal construction of Section 146 CPC permits a transferee to continue an appeal when rights have devolved under the original party.

Section 146 CPC was held to extend to a transferee who acquired the mortgaged properties during pendency of the appeal, because a person claiming under a party may continue proceedings where the original party could have done so. The provision was construed liberally as a beneficent rule facilitating assertion of devolved rights, not narrowly on technical grounds. Since the purchaser had a direct and substantial interest in resisting execution and the dispute affected her rights in the properties, the application to be added as an additional appellant was maintainable. The refusal to implead was set aside and she was allowed to continue the appeal.

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Issues: Whether a purchaser of the mortgaged properties, who acquired title during the pendency of the proceedings, could be brought on record as an additional appellant in the pending appeal and continue the appeal under Section 146 of the Code of Civil Procedure, 1908.

Analysis: The right to proceed in a pending appeal is not confined to the original party alone where that right has devolved by assignment. Section 146 is a beneficent provision intended to facilitate the assertion of rights by persons claiming under a party, and it is to be construed liberally rather than technically. A transferee whose interest has devolved from the original litigant is within the scope of the expression "claiming under" that litigant, and the provision is wide enough to permit continuation of proceedings, including an appeal, where the assignor could have maintained them. The purchaser in this case had a direct and substantial interest in resisting execution, since the properties had been purchased free from encumbrances and execution was sought long after the decree. The dispute raised substantial questions affecting her rights, and justice required that she be heard.

Conclusion: The application to be brought on record as additional appellant was maintainable under Section 146 of the Code of Civil Procedure, 1908, and the appellant was entitled to be added in the pending appeal.

Final Conclusion: The order refusing impleadment was set aside and the purchaser was allowed to continue the appeal to protect her interest in the properties.

Ratio Decidendi: Section 146 of the Code of Civil Procedure, 1908 extends to proceedings and appeals by persons claiming under a party, and it must be construed liberally to permit continuation of an appeal by a transferee with a devolved interest where justice so requires.

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