introduction
the doctrine of lis-pendense is define in TPA under section 52. the meaning 0f lis-pendenss is pending litigation . any action or proceedinf which is said to is pendens .
maxim
pendents lite ninil innovature it means during the pendency of litigation nothing new should be introduced. it means if a property in dispute and pending in court then transfer is not allowed .
origin of doctrine of lsi pendens
bellamy vs sabine
it was abserved that doctrine of lis pendens was a aloctrine common to the court of law as well as equity. necessity as it prevent the parties from dispossing the proporty that is in dispute to not interfer with court proceeding.
section 52
the pendency of proceeding would begin on the date the plaint is presented as well as insitiuted in court of compent jurisdiction . and it would end on the date the final decree passed by court. section 52 states that if any suit proceeding is pending in any court any immovable property that is part of that suit can not be transferred because it affect the right of the parties .
Essential Element
1- there must be a pendency of a suit or proceeding .
2- the suit must be pending in a court which has jurisdiction to try.
3- A right to immovable property is either directly or indirectly involved in the suit.
4- the immovable property in dispute transfered by any party to the suit .
5- sucg transfer affects the right of the other party invovled in the suit.
where doctrine of lis-pendens not applicable
applicable
where the suit is instituted with malafidew intention there is no actual dispute but the suit is filled for some evil motive. if the property is not described clearly or if it can not identified where a court under resturation of an immovable property under order 21 rule 63 of cpc. when a transfer is affected by a person who is not a party to the suit .where the transferor is only party affected brcause of the transfer
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