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Supreme Court of India

Thomson Press (india) Ltd. v. Nanak Builders & Investors P. Ltd. & Ors.

Neutral citation
Reported as [2013] 2 S.C.R. 74
Bench T.S. Thakur and M.Y. Eqbal JJ.
Decided 21 February 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

Before parting with the order, it is clarified that the appellant after impledment as party-defendant shall be permitted to take all such defences which are available to the E vendor Sawhneys' as the appellant derived title, if any, from the vendor on the basis of purchase of the suit property subsequent to the agreement with the plaintiff and during the pendency of the suit.

Judgment, page 34

From the 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 with the defendants 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

Authorities it was built on

Where later benches applied it

Of those, 3 relied on · 1 distinguished · 4 referred to

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