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Smart Summary

Factual and Procedural Background

This is an appeal by the defendants against a decree for recovery of possession of land with mesne profits and declaration of title. The trial Court (Court of first instance) dismissed the plaintiffs' suit. On appeal the Subordinate Judge reversed the trial Court and decreed the suit in favour of the plaintiffs. The defendants appealed, advancing as their principal legal contention that the plaintiffs' interest in the property was sold pendente lite in execution of a decree for arrears of rent (purchased by the landlords on 19 November 1909) and that, as a result, the suit should have been dismissed.

Legal Issues Presented

  1. Whether a decree for recovery of possession can properly be made in favour of plaintiffs who, at the time the decree is made, have lost all interest in the property claimed because their interest was sold pendente lite.
  2. Whether subsequent devolution of interest during the pendency of the suit (including by execution sale) requires dismissal of the original suit or permits the original suit to proceed and bind successors-in-interest.
  3. Whether the present case falls within recognized exceptions that allow a Court to take notice of events occurring after institution of the suit and to grant relief on the basis of altered circumstances.

Arguments of the Parties

Defendants' Arguments

  • The plaintiffs' interest in the property was sold pendente lite (on 19 November 1909) in execution of a decree for arrears of rent and was purchased by the landlords (decree-holders).
  • Because the plaintiffs had lost all interest in the property by the time of the decree, the suit for recovery of possession should have been dismissed.
  • Implicitly, relief in the form of recovery of possession can only be awarded to persons who, at the date of decree, actually hold the title or have succeeded to the plaintiffs' interest.

Plaintiffs' Position (as described by the Court)

  • The plaintiffs claim to be owners of the disputed property and allege wrongful dispossession by the defendants; this contention was investigated and accepted by the Subordinate Judge.
  • The plaintiffs' claim for mesne profits from the date of dispossession is not affected by any subsequent sale of their interest in the land during pendency of the suit.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Radhay Koer v. Ajodhya Das [1908] 7 C.L.J 262 The rule that a suit must be tried in all its stages on the cause of action as it existed at the date of commencement. Quoted to state the ordinary rule that subsequent events generally should not affect the cause of action as at commencement.
Anundomoyee v. Sheeb Chunder [1861-63] 9 M.I.A 287 Observation that on appeal the question is whether the primary Court was correct on the facts as they stood when judgment was rendered, and subsequent events cannot affect that question. Used to support the principle that subsequent devolution of interest does not change correctness of original decision on original facts.
Govinda v. Perumdevi [1889] 12 Mad. 136 Illustration of the general rule that suits are to be decided by reference to facts at commencement. Cited as an illustrative authority for the ordinary rule against allowing subsequent events to alter the cause of action.
Ramanadan Chetti v. Pulikutti Servai [1898] 21 Mad. 288 Illustration of the same general rule. Cited as supporting the general rule regarding cause of action at commencement.
Wamanrao v. Rustomji [1897] 21 Bom. 701 Illustration of the general rule. Referenced among authorities illustrating the ordinary rule.
Raja of Venkatagiri v. Mokku Narasaya [1910] 7 I.C 202 Illustration of the general rule. Cited as another illustration of the principle that subsequent events do not affect the cause of action.
Ram Ratan Sahu v. Mohant Sahu [1907] 6 C.L.J 74 Recognition that exceptions to the ordinary rule exist (grounds explained in that case). Accepted as authority that exceptions to the general rule are recognized in appropriate circumstances.
Sakharam v. Hari Krishna Authority showing a Court may take notice of events occurring since institution of the suit. Cited among cases demonstrating that relief may be afforded on altered conditions post-institution.
Sangili v. Mookan [1893] 16 Mad. 350 Court may take account of subsequent events and alter relief accordingly. Included as an example of cases where Courts acted on changed circumstances.
Ahmadjee v. Mahamadjee [1899] 1 Bom. L.R 218 Illustration that subsequent events may be noticed by Court. Cited among authorities permitting relief based on altered conditions.
Rustumji v. Purushotamdas [1901] 25 Bom. 606 Same theme: Court may consider events since institution. Referenced as part of the line of cases permitting consideration of post-institution events.
Balkishan v. Kishan Lal [1889] 11 All. 148 Authority for allowing consideration of post-institution events. Listed among cases showing Courts may afford relief on altered circumstances.
Hazari Mull v. Janaki Prasad [1907] 6 C.L.J 92 Illustrative authority for considering events since institution. Used as part of the supporting authorities for the exception doctrine.
Ramyad Sahu v. Bindeswari Kumar Upadhya [1907] 6 C.L.J 102 Illustration of Courts taking notice of subsequent events. Cited among cases allowing relief based on changed circumstances.
Udit Chobey v. Rashika Prosad Upadhya [1907] 6 C.L.J 662 Similar illustrative authority. Included in the list of cases recognizing exceptions to the general rule.
Hedlot Khasia v. Ka-Ran Khasiani [1912] 13 I.C 377 Illustration that Courts may act on events after institution to grant appropriate relief. Cited to show Courts can consider altered conditions post-institution.
Banwari Lal v. Sheo Sarikar Misser [1909] 1 I.C 670 Another example of the exception doctrine in practice. Referenced as supporting authority for taking notice of subsequent events.
Quilter v. Mapleson [1882] 9 Q.B.D 672 English authority that on appeal a judgment may be given as ought to be given if the case came at that time before the Court of first instance. Used to show the similar English principle and to support the view embodied in procedural rules (cf. O.41, R.33 CPC 1908).
Attorney-General v. Birmingham, Tame and Rea District Drainage Board [1912] A.C 788 English authority recognizing the same appellate principle. Cited with Quilter to demonstrate the principle in English law that an appeal court may pronounce the judgment that should be given at that time.
Moti Lal v. Karab-ud-Din [1898] 25 Cal. 179 Person who acquires an interest pendente lite will be bound by result of litigation even if not represented. Quoted to show that successors-in-interest are bound by outcomes though they may not have taken leave to continue the suit.
Prannath v. Bookea Begum [1851-59] 7 M.I.A 323 Principle that a cause of action is not prolonged by mere transfer of title; a successor carries on the old suit. Used to support that a suit continued by a successor is the same old suit and the successor is bound by earlier proceedings.
Rajaram Bhagwat v. Jibai [1885] 9 Bom 151 Authority supporting that a successor is bound by proceedings up to the stage when he obtains leave to carry on. Cited to reinforce that a successor who obtains leave continues the same suit and is bound by earlier steps.
In the matter of the petition of Sarat Chandra Singh Cited in support of the proposition that a successor continues the old suit and is bound by prior proceedings. Referenced as additional authority for the proposition regarding succession and continuity of suits.

Court's Reasoning and Analysis

The Court first acknowledged the general rule that a suit is to be tried on the cause of action as it existed at commencement, and that subsequent events ordinarily do not affect the correctness of prior factual findings on appeal. The Court then observed that exceptions to this rule exist where subsequent events make the original relief inappropriate, or where consideration of altered circumstances is necessary to shorten litigation or do complete justice.

Applying these principles to the present case, the Court held that the case does not fall within the exceptional category. The plaintiffs had alleged wrongful dispossession and that claim was investigated and accepted by the Subordinate Judge. The Court emphasized that the plaintiffs' claim for mesne profits from the date of dispossession is unaffected by any sale of their interest pendente lite and therefore must be investigated; and before mesne profits can be decreed the question of title must also be determined.

The Court rejected the defendants' contention that loss of the plaintiffs' interest during pendency automatically nullifies the plaintiffs' right to obtain recovery of possession. It pointed to Order 22, Rule 10 of the CPC (1908), which permits continuation of the suit by or against persons to whom the interest has devolved, but observed that it is optional for the successor to seek leave to continue. If the successor does not obtain leave, he nevertheless risks being bound by the outcome. The legislature did not provide that the original suit must be dismissed when interest devolves; nor did precedent support mandatory dismissal. The Court reasoned that requiring dismissal would produce absurd and unfair results (e.g., multiplicity of suits, adverse effects on limitation, or ex parte hearings) and would undermine substantial rights of litigants.

The Court allowed that in some cases, where the purchaser of the plaintiffs' interest is the defendant and questions of the validity of a sale are in dispute, a stay of trial might be appropriate; but generally trial should proceed and the original plaintiffs may continue unless and until the successor elects to be placed on record under O.22, R.10. The consequence is that a successful decree in favour of the plaintiffs will enure to the benefit of a successor-in-interest.

Holding and Implications

Core Ruling: The decree of the Subordinate Judge is confirmed and the appeal is dismissed with costs.

Direct implications:

  • The Subordinate Judge's decree in favour of the plaintiffs (recovery of possession, declaration of title and mesne profits) stands.
  • Successors-in-interest who acquired title pendente lite are not entitled to automatic dismissal of the original suit; they may apply for leave under O.22, R.10 to continue the suit, but if they do not, they will still be bound by the result and a successful decree will inure to their benefit.

Broader implications: The opinion applies established rules and exceptions concerning devolution of interest pendente lite and continuation of suits under the CPC; it does not purport to lay down a new legal principle beyond applying those authorities to the facts of this case.

    Rai Charan Mandal v. Biswanath Mandal

    1. This is an appeal by the defendants in a suit for recovery of possession of land with mesne profits, on declaration of title thereto. The Court of first instance found against the plaintiffs and dismissed the suit. Upon appeal the Subordinate Judge has reversed that decision and decreed the suit. In the present appeal, the only substantial question of law which has been argued on behalf of the defendants is that as the interest of the plaintiffs in the property claimed was sold pendente lite in execution of a decree for arrears of rent and was purchased by the landlords, decree-holders, on the 19th November 1909, the suit should have been dismissed. The contention in substance is that a decree for recovery of possession cannot properly be made in favour of persons who,.at the time the decree is made, are found to have lost all interest in the property claimed by them. In our opinion there is no foundation for this position.

    2. The rule was recognized in Radhay Koer v. Ajodhya Das . [1908] 7 C.L.J 262. that a suit must be tried in all its stages on the cause of action as it existed at the date of its commencement. This is in accord with the observation of Lord Kingsdown in Anundomoyee v. Sheeb Chunder . [1861-63] 9 M.I.A 287 that in appeal the question is, whether the decision of the primary Court is correct on the facts as they stood when the judgment was rendered and that no subsequent event or devolution of interest can affect that question, because to give effect to them, should justice require it would be the office, not of an appeal, but of some supplementary proceeding. As illustrations of the general rule, reference may be made to the cases of Govinda v. Perumdevi . [1889] 12 Mad. 136.; Ramanadan Chetti v. Pulikutti Servai . [1898] 21 Mad. 288; Wamanrao v. Rustomji . [1897] 21 Bom. 701.; and Raja of Venkatagiri v. Mokku Narasaya . [1910] 7 I.C 202. But to this ordinary rule, exceptions have been recognized on grounds fully explained in the case of Ram Ratan Sahu v. Mohant Sahu . [1907] 6 C.L.J 74. The decisions in Sakharam v. Hari Krishna8; Sangili v. Mookan . [1893] 16 Mad. 350; Ahmadjee v. Mahamadjee . [1899] 1 Bom. L.R 218.; Rustumji v. Purushotamdas . [1901] 25 Bom. 606; Balkishan v. Kishan Lal . [1889] 11 All. 148; Hazari Mull v. Janaki Prasad . [1907] 6 C.L.J 92.; Ramyad Sahu v. Bindeswari Kumar Upadhya . [1907] 6 C.L.J 102.; Udit Chobey v. Rashika Prosad Upadhya . [1907] 6 C.L.J 662.; Hedlot Khasia v. Ka-Ran Khasiani . [1912] 13 I.C 377. and Banwari Lal v. Sheo Sarikar Misser . [1909] 1 I.C 670. show that a Court may take notice of events which have happened since the institution of the suit and afford relief to the parties on the basis of the altered conditions.

    3. This doctrine is of an exceptional character and is applied in cases where it is shown that the original relief claimed has, by reason of subsequent change of circumstances, become inappropriate, or that it is necessary to base the decision of the Court on the altered circumstances in order to shorten litigation or to do complete justice between the parties. A similar view has been taken in. England in Quilter v. Mapleson . [1882] 9 Q.B.D 672 and Attorney-General v. Birmingham, Tame and Rea District Drainage Board . [1912] A.C 788, where the principle was recognized that on appeal such a judgment may be given as ought to be given if the case came at that time before the Court of first instance: cf. O. 41, R. 33 of the CPC. 1908.

    4. The case before us obviously does not fall within the exeception. The plaintiffs claim to be owners of the disputed property and the allegation is that the defendants have dispossessed them wrongfully. This has been investigated and found to be substantially true by the Subordinate Judge. But the defendants contend that as during the pendency of the litigation in the Court of first instance, there has been a devolution of interest, the plaintiffs are no longer competent to maintain the suit. It cannot be disputed that in respect of mesne profits from the date of dispossession, the claim of the plaintiffs has not been affected by the sale of their interest in the land. That portion of the claim at any rate, must be investigated, and before a decree for mesne profits can be made in favour of the plaintiffs, the question of their title to the land also must be determined. The defendants are consequently restricted to the contention that although the title of the plaintiffs to the land at the date of the suit may be established, relief should not be granted to them by way of recovery of possession, and that such relief can legitimately be awarded only to persons who have succeeded to the interest of the plaintiffs. For this proposition no authority has been cited. On the other hand the argument, tested from the point of view of principle as well as convenience, seems obviously unreasonable. Under R. 10, O. 22 of the CPC, 1908, when there has been a devolution of interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against persons to or upon whom such interest has come or devolved. This entitles the person who has acquired an interest in the subject-matter of the litigation by an assignment or creation or devolution of interest pendente lite, to apply to the Court for leave to continue the suit.

    5. But it does not follow that it is obligatory upon him to do so. If he does not ask for leave, he takes the obvious risk that the suit may not be properly conducted by the plaintiff on record, and yet, as pointed out by their Lordships of the Judicial Committee in Moti Lal v. Karab-ud-Din . [1898] 25 Cal. 179, he will be bound by the result of the litigation even though he is not represented at the hearing. But the legislature has not further provided that in the event of devolution of interest during the pendency, of suit, if the person who has acquired title does not obtain leave of the Court to carry on the suit, the suit would stand dismissed. It is also plain that if the person who has acquired an interest by devolution, obtains leave to carry on the suit, the suit in his hands is not a new suit, for, as Lord Kingsdown said in Prannath v. Bookea Begum . [1851-59] 7 M.I.A 323, a cause of action is not prolonged by mere transfer of the title. It is the old suit carried on at his instance and he is bound by all proceedings up to the stage when he obtains leave to carry on the proceedings: Rajaram Bhagwat v. Jibai . [1885] 9 Bom 151.; In the matter of the petition of Sarat Chandra Singh23. If this view were not maintained, what would be the result? The suit commended by the plaintiff stands dismissed. The person who has acquired the right, title and interest of the plaintiff commences a fresh suit. His cause of action is the original cause of action upon which plaintiff 1 commenced his suit. It may consequently happen that while the plea of limitation would have been of no avail in answer to the claim of the original plaintiff, it may be very effective as an answer to the subsequent suit. It may also be asked, if the contention of the appellants were to prevail, what would happen in the event of a devolution of the interest of the defendants. Would the suit be heard ex parte, because the interest of the defendants had passed to a stranger to the litigation, or would the suit stand dismissed because it was at that stage a suit against a person who had no interest in the litigation?

    6. If the coutention of the appellant were upheld, there, would obviously be endless litigation and the substantial rights of litigants might be completely defeated. It is also worthy of note that at the stage when the objection is taken, neither the Court nor the parties may be in a position to decide that there has been a final and operative devolution of interest. For instance if the devolution of interest is due to an execution sale of the right, title and interest of the plaintiff, the validity of that sale may be challenged and the proceedings consequent thereon may be protracted. Would the original suit be dismissed on the assumption that the sale was valid and operative? If this course were pursued, what would happen if it ultimately transpired that the sale was inoperative and that there had been no effective devolution of interest? No doubt cases are conceivable, where the Court may have to stay the trial of the suit by reason of a devolution of the interest of one of the parties in favour of his opponent. For instance, if the interest claimed by the plaintiffs have been purchased by the defendants, the latter may fairly ask that the suit be stayed till the question of the validity of the sale in their favour has been finally determined. But except in cases of this peculiar character, it is plain that the trial of the suit should not be arrested merely by reason of the devolution of the interest of the plaintiffs. The successor-in-interest may, if he chooses, obtain leave of the Court under O. 22, R. 10, but if he does not do so, the original plaintiffs are entitled to continue the suit and their successors will be bound by the result of the litigation. The consequence will be that the plaintiffs, if successful, will obtain a decree which will enure to the benefit of their successor.

    7. The result is that the decree of the Subordinate Judge is confirmed and this appeal dismissed with costs.

    V.B/R.K

    8. Appeal dismissed.

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    Rai Charan Mandal v. Biswanath Mandal
    (May 13, 1914)