liable to be
dismissed in view of the doctrine of lis-pendence as
provided under section 52 of Transfer of Property Act?
OPDH
4) Whether ... sold
the property to Sh. Hakikat Ali, then the principle of lis-pendence is
not applicable.
REPLY OF THE DECREE HOLDER:-
On the other hand
clear that the parties would be
bound by the principle of lis pendence as contained in
Section 52 of the Transfer of Property ... date and
moreover they would be bound by the principles of lis
pendence as contained in Section 52 of the Transfer of
Suit
suit to defendant no. 3 is hit by the doctrine of lis
pendence? If so to what effect?
8. To prove its case plaintiff examined ... suit to
defendant no.3 is hit by the doctrine of lis pendence? If so
to what effect?
31. In view of findings of issue
present suit and
she was bound by the principles of lispendence. The defendant
no. 6 always had the knowledge regarding the agreement
between ... favour of defendant
no.6 is hit by the rule of lis pendence. If so to what effect?
The issue no. 3 regarding Relief
upon the plaintiff. It has been further
stated that doctrine of Lis Pendence is applicable against the
defendant ... defendants have further taken the stand that the
Doctrine of Lis Pendence does not apply in the present case. The
defendants have prayed that
been impleaded
as defendants. The proposed defendants/ respondents are no doubt
lis pendence purchasers. In S. N. Arora V. Brokers & Brokers ... observed that a lis-pendence
transferee/ purchaser has no right of impleadment. It was also
observed that the principle of lis-pendence does not prohibit
Notice Board thereby notifying that the suit property is
lis pendence.
3. I have heard Sh. Sh. Satender Mishra, ld. counsel for appellant
Sh. Satish ... Section 52 of TPA creates the bar of lis pendence by operation
of law and operates against world at large i.e. the persons
much as, due to application of
the doctrine of lis pendence, since the suit property had allegedly been
purchased by defendant No. 2 from defendant ... Story on Equity, 3rd Edn., (Para
406) which expounded the doctrine of lis pendens in the
CS DJ No. 9771/2016
R.C.Anand
from Domestic Violence Act, 2005. it is
pleaded that doctrine of lis pendence applies to the present
proceedings and as such the present suit being ... 2010 Page 7 of 21
plaintiff and doctrine of lispendence applies as alleged in
preliminary objection no. 1 in the written statement of defendant
compensation is wrong, illegal and non
tenable as doctrine of lis pendence applies.
OMP(Comm)- 35/20 Page 12 of 38
3.10. The petitioner further