Impleading Petitions Can Be Entertained At Any Stage Before Judgment: Madras High Court Clarifies

Introduction

In an important decision strengthening the rights of transferees pendente lite, the Madurai Bench of the Madras High Court has reaffirmed that an impleading petitions can be entertained at any stage before the pronouncement of judgment. The ruling in P. Marimuthu v. S.S. Prabhakaran¹ provides useful guidance on the application of Order I Rule 10(2) of the Code of Civil Procedure, 1908 (CPC), and the doctrine of lis pendens under the Transfer of Property Act, 1882.

Factual Background

The dispute arose out of a suit for specific performance filed by S.S. Prabhakaran based on a sale agreement dated 25 July 2011. According to the plaintiff, the defendant, Subburaj, agreed to sell approximately 12 acres of land for a total consideration of Rs. 41,23,000/-, of which substantial advance payments were made. When the defendant failed to execute the sale deed, the plaintiff approached the Principal District Court, Virudhunagar.