Supreme Court · 2013 INSC 118 · Decided 21 February 2013
Thomson Press (India) LTD. v. Nanak Builders & Investors P. LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 118 · [2013] 2 S.C.R. 74
- Case number
- CIVIL APPEAL No. 1518/2013
- Decided
- 21 February 2013
- Bench
- T.S. THAKUR, M.Y. EQBAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 52; Specific Relief Act Section 19
Headnote
Code of Civil Procedure, 1908: c 0. 1, r.10, 0.22, r.10 - Suit for specific performance of contract - During pendency of the suit defendant transferring the property - Application by appellant-transferee for impleadment as defendant - HELD: Appellant entered into a clandestine transaction and got the 0 property transferred in its favour - Therefore, the appellant cannot be held to be a bonafide purchaser, without notice - It is true that the application which the appellant made was only under 0. I r.10 CPC but the enabling provision of 0.22, r. 10 CPC could always be invoked if
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