Nageshwar Singh v. Chanda Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15020 of 2015 ====================================================== Nageshwar Singh .... .... Petitioner/s

Versus

Chanda Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navin Nikunj For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-01-2016 Heard learned counsel Mr. Nagendra Rai for the petitioner.

By the impugned order the Court below has only allowed the application filed by the pendente lite purchaser to be impleaded as party in Title Suit No. 342 of 2001 which was filed by the petitioner for specific performance of contract. The Hon'ble Supreme Court in the case of Nawab John and others Versus Subramaniyam (2012) 7 SCC 738 has clearly held that a pendente lite purchaser in a suit for specific performance of contract should be added liberally. The learned Court below has thus rightly exercised the jurisdiction. In view of the above the order passed by the Court below needs no interference in supervisory jurisdiction under Article 227 of the Constitution of India.

Thus this writ application is dismissed.

(Mungeshwar Sahoo, J) ravi/- U