Date: 22 April, 2021
by Shwas Bajaj, UILS, Panjab University
The doctrine of lis pendens is expressed in the well-known maxim: pendente lite nihil innovature, which means ‘during pendency of litigation, nothing new should be introduced’.
Under this doctrine, the principle is that during pendency of any suit regarding title of a property, any new interest in respect of that property should not be created.
Creation of new title or interest is known as a transfer of property. Therefore, in essence, the doctrine of lis pendens prohibits the transfer of property pending litigation.
In Rajendra Singh v. Santa Singh, AIR 1973 SC 2537, the Supreme Court said that the doctrine of lis pendens is intended to strike at attempts by parties to a suit to curtail the jurisdiction of the court by private dealings which may remove the subject matter of litigation from the power of the Court to decide a pending dispute and frustrate its decree.
SECTION 52 OF TRANSFER OF PROPERTY ACT, 1882
The law incorporated in Section 52 is based on the doctrine of lis pendens. Following conditions are necessary for the application of the Section 52:
Pendency of Suit or Proceeding:- The section applies only where a property is transferred during pendency of litigation. Pendency of suit is that period during which the case remains before a Court of Law for its final dispo