Civil Revision No. 3996 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3996 of 2011 Date of Decision: 14.07.2011 *** Jatinder Singh & Ors. .. Petitioners Vs. Jasbir Kaur .. Respondent and Civil Revision No. 3997 of 2011 Jatinder Singh & Ors. .. Petitioners Vs. Jasbir Kaur .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. R.S. Athwal, Advocate for the petitioner. *** ARVIND KUMAR, J. The petitioners are the sons, daughter and wife of one Harbans Singh while respondent Jasbir Kaur is allegedly his divorced wife. Following a dispute with regard to certain properties, petitioners and respondent filed the suit against each other. Both the suits were decided on 7.4.2007 and both the parties preferred separate appeals against those judgments and decrees, during the course of which the petitioners, who are plaintiffs in one suit and defendants in other, filed applications seeking amendment of plaint and written statement respectively on the ground that Jasbir Kaur, after the decision by the learned trial Court as well as after the passing of stay order passed by the appellate Court, on 20.4.2007 and 27.4.2007, has executed the sale deed in favour of Karamjit Singh and Paramjit Singh. Hence, prayer was made for the amendment to the effect that the aforesaid sale-deeds are illegal, null and void and not binding on their rights. Apart from that, in the appeal where the petitioners were Civil Revision No. 3996 of 2011 2 plaintiff, a further request for impleadment of aforesaid Karamjit Singh and Paramjit Singh as defendants was made. After the contest, the learned appellate Court dismissed the applications, leading to the institution of the present civil revisions, which this Court proposes to dispose of by this common order. Heard. It is evident from the perusal of the impugned orders that Jasbir Kaur in her reply before the appellate Court below has not disputed the factum of execution of sale-deeds in favour of aforesaid Karamjit Singh and Paramjit Singh. It is settled principle of law that any transfer made during pendency of the proceedings before the Court, is hit by lis pendens and the transferee is bound by the decree. Therefore, taking into account these facts the learned Court below has rightly concluded that the transferee pendente- lite are not the necessary parties. Even otherwise the plea of the petitioners that the sale-deeds were without any consideration and a sham transaction created only to defeat the rights of the petitioner, can only be raised at the time of arguments before the appellate Court below, in main appeal. Therefore, in the light of these facts, there is no illegality or perversity in the impugned orders and the revisions, being without any merit, are dismissed. Copy of this order be placed in the connected petition. (ARVIND KUMAR) July 14, 2011 JUDGE Jiten