Lis pendens and specific performance: a subsequent purchaser by sale may be impleaded to protect title under Section 19(b).

A transferee pendente lite in a suit for specific performance is ordinarily bound by lis pendens under Section 52 of the Transfer of Property Act and is not a necessary party merely because of the transfer. However, Section 19(b) of the Specific Relief Act permits an assignee by sale to be impleaded so the transferee can protect title and participate in the proceedings. The doctrine of lis pendens does not void the transfer; it only subjects it to the result of the litigation. The subsequent purchaser was therefore entitled to impleadment as a defendant.

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Issues: Whether a subsequent purchaser of the suit property in a suit for specific performance can be impleaded as a party defendant under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure, 1908.

Analysis: The suit was one for specific performance, and the petitioner had purchased part of the subject matter during pendency of the suit. While a vendee lis pendens is ordinarily bound by Section 52 of the Transfer of Property Act, 1882 and is not a necessary party merely by reason of the transfer, Section 19(b) of the Specific Relief Act, 1963 creates an exception in suits for specific performance by permitting an assignee by sale to be impleaded so that the transferee may protect his title and participate in the proceedings. The principle applied is that the doctrine of lis pendens does not nullify the transfer but makes it subject to the result of the litigation.

Conclusion: The subsequent purchaser was entitled to be impleaded as party defendant No. 9.

Ratio Decidendi: In a suit for specific performance, a transferee pendente lite is not barred from impleadment where he is an assignee by sale protected by Section 19(b) of the Specific Relief Act, 1963.

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