UNDER ORDER 21 RULE 99 A PENDENTE LITE TRANSFEREE CAN FILE AGAINST DISPOSSESSION RULED SC

by | Oct 16, 2024

Headline

The Supreme Court of India upholds the Pendente Lite Transferee Right to Challenge Dispossession.

Summary

The Supreme Court of India ruled that under Order 21 Rule 99 of the Code of Civil Procedure, 1908 (CPC),a pendente lite transferee (a buyer during litigation) can challenge dispossession.The bench held that even if to the original suit the transferee was not a party, they have the right to seek re-delivery of property.

Key Facts

  • Case Name: Renjith K.G. & Others vs. Sheeba
  • Judges Name: Justice Pankaj Mithal and Justice R. Mahadevan
  • The predecessor of the respondent, Mr. Raghuthaman, bought property during litigation but was not involved in the original suit.
  • The appellants argued that, as a pendente lite transferee,Mr.Raghuthaman lacked the right to challenge his dispossession.
  • The Supreme Court dismissed this argument and affirmed his right to file an application under Order 21 Rule 99 of Civil Procedure Code (CPC).

Legal Insights

The judgment sheds light that under Order 21 Rule 99 of Civil Procedure Code (CPC), a person not party to a suit can challenge dispossession and claim independent ownership claims. It also validates that such cases must be resolved under Order 21 Rule 101 CPC, barring separate suits.

Impact

This ruling gives clarity on the rights of pendente lite transferees, by making sure that legal remedies against wrongful dispossession during the execution of decrees.

Why It Matters

The decision provides protection for property buyers during litigation and simplifies legal procedures by requiring courts to resolve ownership disputes without new suits.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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