VidhiSangh

Supreme Court of India · 10/07/2024

YOGESH GOYANKA versus GOVIND & ORS.

[2024] 7 S.C.R. 668 · 2024 INSC 510

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Summary

A purchaser pendente lite was permitted to join the title suit despite knowing of its pendency and not obtaining prior leave. Section 52 makes the transfer subordinate to the litigation, not automatically void. On the particular record, a registered deed, possible collusion among the existing parties and limited trial progress justified discretionary impleadment; the disputed payment of consideration remained for trial.

Issues

  1. Whether lis pendens automatically invalidated the purchaser’s sale deed and barred impleadment.
  2. Whether knowledge of the suit or absence of prior leave precluded discretionary joinder.
  3. Whether the circumstances justified protecting the purchaser’s apparent interest while leaving factual disputes open.

Provisions considered

Held

Result

Appeal allowed; High Court and trial court orders rejecting impleadment set aside. Appellant to be added as a defendant; disputed consideration to be determined at trial.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 668.