Assignment of interest during pendency of suit allows assignee to continue litigation despite later withdrawal by legal heirs.

Where the plaintiff's interest in a pending suit is assigned during litigation, the assignee may be impleaded and allowed to continue the suit under Order XXII Rule 10 CPC. The court held that a wrong citation of provision is not fatal if the relief is otherwise within its power. A purchaser under a registered sale deed, having a direct stake in the suit property, could not be deprived of the right to prosecute the action merely because the original plaintiff's legal heirs later withdrew the suit, especially when title and authority to sell remained in dispute. The High Court's order allowing impleadment was upheld.

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Issues: Whether a purchaser from the original plaintiff, being an assignee of the plaintiff's interest during pendency of the suit, was entitled to be impleaded and to continue the suit notwithstanding the withdrawal of the suit by the legal heirs of the original plaintiff.

Analysis: The application for impleadment was in substance governed by Order XXII Rule 10 of the Code of Civil Procedure, 1908, since the controversy arose from devolution or assignment of interest during the pendency of the suit. The mere mention of an incorrect provision was not fatal where the court had power to grant the relief. The purchaser claimed under a registered sale deed from the original plaintiff and, as assignee of the plaintiff's interest, had a vital and direct stake in the suit property. The later withdrawal by the legal heirs could not defeat the assignee's independent right to continue the litigation, especially when the rival claim as to title and authority to sell remained to be decided in the same suit.

Conclusion: The purchaser was entitled to be impleaded and to continue the suit, and the withdrawal by the legal heirs did not extinguish that right.

Final Conclusion: The challenge to the High Court's order failed, and the order allowing impleadment was upheld.

Ratio Decidendi: Where interest in the subject matter of a pending suit is assigned or devolves during the pendency of the suit, the assignee may be permitted to continue the suit under Order XXII Rule 10 of the Code of Civil Procedure, 1908, and subsequent withdrawal by the original plaintiff or his heirs does not defeat the assignee's right to prosecute the action.

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