Execution of Decree--Purchaser Pendente Lite--Deletion Under Order 1 Rule 10 CPC Not Equivalent to Withdrawal of Suit; Purchaser Remains Bound by Decree Under Section 52 Transfer of Property Act
Deletion of a defendant under Order 1 Rule 10 of the Code of Civil Procedure is not equivalent to withdrawal of a suit under Order 23 Rule 1 and does not amount to abandonment of the claim against such defendant. Both provisions operate with distinct objects and different consequences. A purchaser pendente lite, whose rights are governed by Section 52 of the Transfer of Property Act, derives title through the original defendant and remains bound by the decree passed against the vendor. Such a purchaser falls within the expression "any person bound by the decree" under Order 21 Rule 35 CPC, and execution can be pursued against him under Section 146 CPC.
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