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Lis pendens means a suit under consideration of any court of law.

It is an action which is
pending in any court. The doctrine is enshrined under Section 52 of the Transfer of Property
Act, 1882. This section is based on the maxim ut lite pendente nihil innovetur' which means
that nothing new should be introduced into a pending litigation. Therefore, the property
which is in dispute should not either be sold or otherwise dealt in by any party to the dispute
during the pendency of the suit or proceeding. The article discusses about the principle
underlying the object of the doctrine, that is to maintain the status quo unaffected by the act
of any party to the litigation pending. The principles contained in this doctrine are in
accordance with the principle of equity, good conscience or justice because they rest upon an
equitable and just foundation, that it will be impossible to bring an action or suit to a
successful termination if alienations are permitted to avail. The article also discusses about
the essentials required for the application of the doctrine along with the judicial precedents
set by the Honble Supreme Court of India.

Rights depend upon remedies.


This also holds good as regards the right to property. Since speedy and efficient remedies are
of utmost importance, it has to be ensured that once a person has initiated legal process in any
court to seek remedy against any invasion on his right or threat of invasion thereto, the legal
process should not be defeated on account of private deals or any transaction, that is, transfer
of property in dispute or on account of any other action of any party to such legal process,
otherwise the very purpose of seeking relief against any grievance would be meaningless and
ineffective.In order to ensure that the legal remedy remains efficient throughout the legal
process, jurists had evolved a general principle known as lis pendens basing it on the
necessity that neither party to the litigation should alienate the property in dispute so as to
affect his opponent.
The principle of lis pendens embodied in Section 52 of the act being a principle of public
policy, no question of good faith or bona fide arises. Such being the position the transferee
from one of the parties to the suit cannot assert or claim any title or interest averse to any of
the rights and interests acquired by the another party under the decree in suit. The principle of
lis pendens has the object to prevent anything done by the transferee from operating
adversely to the interest declared by the decree.
Moreover, it is also important to understand that the doctrine does not becomes eradicated
when the suit is disposed. It still remains into existence till the time when the suit is dismissed
and an appeal is not yet filed, thus leaving no loophole to prejudice any party to the suit. The
explanation to the Section makes it very clear that the suit shall be deemed to have started
from the date while the plaint will be supplied in the court and shall continue to exist until the
time such proceeding has been decided by final order.

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