AIR 2008 SUPREME COURT 2052 ::2008 AIR SCW 2715 ::(2008) 2 CLR 34 (SC) ::(2008) 105 RevDec 217 ::(2008) 2 WLC(SC)CVL 414 ::(2008) 2 All RentCas 185 ::(2008) 3 CivilCourtC 130 ::2008 (12) SCC 316 ::(2008) 6 Scale 92 ::(2008) 5 AllMR 37 (SC) ::2008 (72) All LR 107 ::2008 (2) All WC 1871 ::2008 (2) LandLR 38 ::2008 (5) MadLJ483 ::(2008) 2 UC 1124 ::(2008) 1 CurLJ(CCR) 113 ::2008 (5) SRJ 302

Supreme Court Of India

(From : 2000 (3) Mad LW 487)

Hon'ble Judge(s): Arijit Pasayat, P. Sathasivam , JJ

Transfer of Property Act (4 of 1882) , S.52— Civil P.C. (5 of 1908) , O.1 R.10(5)— Lis pendens - Applicability - Sale by agreement holder to third party - Suit for specific performance against agreement holder - Further sale made by third party during suit - Not invalid. The plaintiff and defendant entered into an agreement of sale. The defendant thereafter sold the property to a third party. Suit for specific performance of agreement of sale was filed only against defendant. An application to add third party as defendant was made. The third party made further sale of property. Thereafter, the application for addition of third party as defendant was allowed. The summons was served on added defendant later. As under O. 1, R. 10(5) the defendant can be deemed to be party to suit only from date summons is served on him, the sale made by him much before cannot be said to be invalid.(Para 6 9)