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Still feeling dissatisfied, the matter has been carried in appeal before this Court.

The respondent/objector challenged maintainability of the execution petition primarily on the plea that she had purchased 'deori' and room towards northern side of property in dispute vide sale deed dated 2 of 8 19.3.1990 and suit for recovery of maintenance has been filed on 19.4.1996 i.e. six years after purchase and the decree holder cannot take benefit of lis pendence.

On 28.4.2016, this Court culled out two questions for determination, read as follows:-

"(i)whether the sale deed dated 19.3.1990 registered on 9.4.1990 would be hit by the principle of lis pendence in the circumstances that Raj Rani filed an application to sue as an indigent person in the year 1990 i.e. 27.3.1990 but the suit was registered on 19.4.1996.

(ii)whether the date of sale deed executed by Sh. Ram Kishan Dhir would be taken as 19.3.1990 or 9.4.1990 in the circumstances of the present case."

As the sale deed in favour of the respondent was executed even prior to filing of the suit alongwith application to sue as an indigent person, there is no question of sale in favour of the respondent being hit by principle of lis pendence irrespective of the fact whether date of institution of suit is taken as 27.3.1990 or 1996. The question as to whether a suit instituted with an application to sue as an indigent person would be treated to be instituted from the date of its filing or from the date of its registration would be answered in some appropriate case.