transferor in the
transferee.
25. The Apex Court while dealing with lis pendense in the case
of T.G. Ashok Kumar Vs. Govindammal ... pendent-lite purchaser
and in such a situation the doctrine of lis-pendense would not have
application. But there would be no legal
Thiru G.George in favour of the appellant was hit by lis pendense.
10. The questions of law raised in this appeal are;
i) Whether ... that even if the sale was hit by the principles of lis pendense, still the sale executed in favour of the appellant could have been
circumstances, since the appeal has been
admitted, the principles of lis pendense
should apply. Therefore, it is observed that
Page 9 of 16
Downloaded ... appellant --original plaintiff can be at
the liberty to get the lis pendense
registered with the concerned Sub-Registrar
showing the pendency of the present
that it was hit by the doctrine of lis pendense and
hence the petitioner cannot have any say in the matter, the learned senior counsel ... since the entire transaction is hit by the doctrine of lis pendense, the petitioner could not have any defence and the petition filed under Order
facts of the case
and that the principle of lis pendense under Section 52 of the Act
applied to all the assignment deeds relied
Page 27 of 38
disobedience of its orders. The principles of lis pendense are all
together on a different footing."
29. Again, it will ... which are to the following effect :-
"Lis pendense literally means a pending suit and the doctrine of
the lis pendense has been defined
Honourable Supreme Court held that the
doctrine of lis pendense would apply in that case and the sale in
favour of respondents ... held as void and hit by doctrine
of lis pendense. Applying the ratio of Honourable Supreme Court
in the present case, it is contended that
Farida Khatoon and another1 has dealt in detail the doctrine of lis pendense. The transferee pendente lite can be added as a proper party ... Section 52 of Transfer of Property Act is that a lis pendense transferee is bound by the decree whether on contest, ex parte
filed on 26.11.1988, therefore, the same is hit by principle
of lis pendense. Learned trial Court primarily relied upon the judgment ... against the
appellant to the effect that principle of lis pendense would not be applicable
in view of the facts and circumstances of the present
applicant thereafter filed a suit on
22.4.2010 and also got lis pendense registered on the same
day. Learned advocate further submitted that, despite lis
Page ... others
[2008(3) GLH 371] wherein the doctrine of lis pendense as
well as the consequences of the registration of the lis
pendense are explained
