party to
the dispute.
159. In short, the doctrine of lis pendens, which Section 52
of the TPA encapsulates, bars the transfer of a suit ... lis
pendens will not apply to any money suit, because this
section cannot say so, since the Explanation given in Section
52 is conspicuous
suit. It is true that the doctrine of lis pendens as enunciated in Section 52 of the T. P. Act takes care of all pendente ... view, clearly demonstrates that, notwithstanding the Rule of lis pendens in Section 52 of the T. P. Act, there can be occasion for the grant
reiterate the
settled position that the doctrine of lis pendens as provided under
Section 52 of the Act does not render all transfers pendente lite ... Transfer of
Property Act speaks about the doctrine of lis pendens. Section 52
reads as under:
"52. Transfer of property pending suit relating
thereto
KAURAV
matter of litigation. It recognises the doctrine of lis pendens recognised
by Section 52 of the Transfer of Property Act, 1882 [ "52. Transfer ... lis pendens enshrined under Section 52 of the Act, and
constructive res judicata.
34. For the sake of clarity, Section 52 of the Act envisaging
KAURAV
matter of litigation. It recognises the doctrine of lis pendens recognised
by Section 52 of the Transfer of Property Act, 1882 [ "52. Transfer ... lis pendens enshrined under Section 52 of the Act, and
constructive res judicata.
34. For the sake of clarity, Section 52 of the Act envisaging
tenancy rights under the DLR Act ;
ii. The doctrine of lis pendens under Section 52 of the Transfer of
Property Act, 1882 [hereinafter referred ... related
litigation, rendering them subject to the principle of lis pendens under
Section 52 of the TPA. Purchasers who acquire title during ongoing
disputes cannot
senior counsel
appearing for the respondents that doctrine of lis pendens as enshrined
under Section 52 of Transfer of Property Act, will take care ... view, clearly demonstrates that,
notwithstanding the Rule of lis pendens in Section 52 of the
T. P. Act, there can be occasion for the grant
suit and the transaction is hit by the
doctrine of lis pendens and thereby, as successor in interest, would be
bound by the decree dated ... pendency of the suit, is hit
by the doctrine of lis-pendens ( Sec. 52 of Transfer of Property
Act). Moreover, the objections filed
senior counsel
appearing for the respondents that doctrine of lis pendens as enshrined
under Section 52 of Transfer of Property Act, will take care ... view, clearly demonstrates that,
notwithstanding the Rule of lis pendens in Section 52 of the
T. P. Act, there can be occasion for the grant
senior counsel
appearing for the respondents that doctrine of lis pendens as enshrined
under Section 52 of Transfer of Property Act, will take care ... view, clearly demonstrates that,
notwithstanding the Rule of lis pendens in Section 52 of the
T. P. Act, there can be occasion for the grant
