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 ... which
dealt with the principles of lis pendens specified in Section 52 of the TP
Act as follows
Single Judge relieved the First Respondent from the
operation of lis pendens under Section 52 of the Transfer of Property Act,
1882 on the deposit ... motion was to relieve the First Respondent of lis pendens under Section 52
of the Transfer of Property Act, 1882. The Appellant
without the same being subjected to
the operation of lis pendens under Section 52 of the Transfer of
Property Act, 1882 subject to whatever terms ... section 52 of T.P. Act. Section
52 surely applies in our case. But section 52 itself provides
for the Court granting relief from lis
whether the sub-lease was hit by the principles of lis pendens under Section 52 of the T. P. Act? The learned Judges differed ... lease to have been hit by the principles of lis pendens under Section 52 of the T. P. Act, as the amended provision
regards
the clause (b). The effect of substituted Section 52 is that the
provisions of Section 52 will apply only in a case where notice ... party to the suit. The principle
of lis pendens embodied in Section 52 of the TP Act being
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party to the suit. The principle of
lis pendens embodied in Section 52 of
the T.P. Act being a principle of
public policy ... lis pendens stated in
the section. I do not think it
necessary to deal with this
contention for in my view, even
Section 52
proceedings and is, therefore, affected by the rule of lis pendens contained in Section 52 of the Transfer of Property Act and since by virtue ... Section 52 of the Transfer of Property Act which affects or takes away that right. Even assuming that Section 52 applies, the requirements of Section
impose. The purpose behind and rights flowing from registering of lis pendens under Section 52 of the Transfer of Property Act is no longer ... right to register the lis pendens after complying with the necessary formalities as contemplated under Sub-section (2) of Section 52 of the Transfer
lis pendens.
13. The doctrine of lis pendens is a well known principle of law,
embodied in our statutory law under Section 52 ... learned Counsel for the
Plaintiff that the doctrine of lis pendens under Section 52 could be said to
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party to the suit. The principle of
lis pendens embodied in Section 52 of
the T.P. Act being a principle of
public policy ... lis pendens stated in
the section. I do not think it
necessary to deal with this
contention for in my view, even
Section 52
