Case Law Analysis
|Bombay High Court
Order 21 Rule 35 CPC | Deletion from Suit Does Not Bar Execution Against Purchaser Pendente Lite : Bombay HC
The Bombay High Court has ruled that even if a purchaser pendente lite is deleted from a suit under Order 1 Rule 10 CPC, the decree-holder may still execute against them under Order 21 Rule 35 if the transfer occurred during litigation and the purchaser claims through the judgment debtor. This clarifies that lis pendens rights survive procedural deletions, protecting decree-holders from strategic evasion by transferees.