Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Pendente Lite Transferee Being Stranger To Suit Can File Application Under Order XXI Rule 99 CPC Against Dispossession : Supreme Court
The Supreme Court ruled that a pendente lite transferee, being a stranger to the suit, can file an application under Order XXI Rule 99 of the Code of Civil Procedure (CPC) against dispossession. The case involved a respondent’s predecessor who was dispossessed from the property during the execution of a decree. The Court held that a pendente lite transferee, who was not a party to the suit, has the right to seek redelivery of the property. The judgment clarified that the term “stranger” includes pendente lite transferees, allowing them to adjudicate their claims of independent right, title, and interest in the decretal property. This ruling reinforces the rights of third parties affected by the execution of decrees and ensures their ability to seek legal remedies against dispossession.