http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER: Sm. SAILA BALA DASSI
Vs.
RESPONDENT: SM. NIRMALA SUNDARI DASSI AND ANOTHER
DATE OF JUDGMENT: 14/02/1958
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA DAS, SUDHI RANJAN (CJ) SARKAR, A.K. BOSE, VIVIAN
CITATION: 1958 AIR 394 1958 SCR 1287
ACT: Civil Procedure-Addition of Party-Tran sfer Pendente lite- Appeal filed by tyansferor-Right of transferee to continue appealCode of Civil Proceduye (Act 5 of 908), s. 146, 0. 22, Y. IO.
HEADNOTE: The second respondent sold the properties to the appellant in ,952 and the deed of sale recited that the properties were sold free of all encumbrances. The first respondent who had obtained a mortgage decree in respect of the properties in 1935 did not take any steps to have the decree drawn up as required under the Original Side Rules of the Calcutta High Court until 1954, when she commenced proceedings for sale of the mortgaged properties. The second respondent raised the objection that the execution of the decree was barred by limitation but that was overruled by a single judge of the High Court and an appeal against that order was preferred by the second respondent. Apprehending that the second respondent might enter into a collusive arrangement with the first respondent with a view to defeat her rights, the appellant made an application in the High Court under 0. 22...