1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3920 OF 2011 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 08.06.2011. 1. Heard. 2. The petitioner is the original plaintiff had filed the suit for specific performance of contract. During pendency of the proceedings, the suit property changed hands. Earlier defendant No.9 had purchased the property. He was added as party. Thereafter, the property was sold to the proposed defendant No.10. The plaintiff made an application to array the proposed purchaser as defendant No.10. The said application came to be rejected by the trial Court. Aggrieved thereby, the present Writ Petition has been filed. 3. Mr.Sable, learned counsel submits that the 2 proposed party is necessary for the effective adjudication of the dispute as the rights have been transferred to him. The learned counsel further contends that earlier defendant No.9 was added as party who was also a purchaser pendente lite. There was no reason for not adding the proposed defendant No.10, who is a purchaser from defendant No.9. 4. In view of the law enshrined in Section 52 of the Property Act, the purchaser pendente lite is bound by whatever judgment is delivered in the suit. He does not have any independent right. The Apex Court in a case of "Bibi Zubaida Khatoon Vs. Nabi Hassan Saheb and another" reported in AIR 2004 Supreme Court 173 has held that a transferee pendente lite is not required to be added as a party and in view of the fact that the said sale would not have an over-riding effect. 4. In light of the above, no error of jurisdiction on the part of the trial Court, as such 3 the Writ Petition is rejected. (S.V.GANGAPURWALA,J.) Dt.08.06.2011. asp/office/wp3920.11