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Essentials of Doctrine of Lis Pendens Property Law
Essentials of Doctrine of Lis Pendens Property Law
Because the theory is based on necessity, it makes no difference whether the transferee had a
notice of cases pending in court or not. Even if the transferee has no actual or constructive
knowledge of the ongoing litigation, he is obligated by the court's order.1 The suit's pendency
begins on the date the plaint is filed in court and ends on the date the final decree is issued by
the court, as stated in the section 52 explanation.
Following are the essentials of Doctrine of Lis Pendens as described in section 52:
conclusion
1
RappelAngusthi v. Gopalan, AIR 1970 Ker. 188.
2
(1885) 12 Cal. 414; Motilal v. Karrabulam, (1897) 25 Cal. 179.
3
AIR 1967 SC 1440.
4
AIR 1948 PC 147.
In conclusion, the theory of lis pendens is an important legal principle that plays an important
part in the administration of justice. This approach is intended to avoid several lawsuits,
avoid inconsistent judgements, and safeguard the interests of all parties engaged in a legal
issue. We investigated the history, development, and implementation of this concept in
various jurisdictions through this research. We also reviewed the problems and criticisms
levelled at the theory, including the possibility of abuse by parties wishing to prolong or
obstruct conflict settlement. Overall, this study emphasises the relevance of the lis pendens
concept in fostering judicial efficiency, guaranteeing the orderly resolution of conflicts, and
preserving plaintiffs' interests.
Despite widespread acceptance, the lis pendens theory has been challenged and criticised.
One of the principal complaints levelled at the theory is that it may be used as a weapon for
delay tactics by parties wishing to stymie conflict settlement. This might result in a lengthy
legal procedure with major expenses and delays for all parties concerned.
Furthermore, the concept might cause problems for innocent third parties who are unaware of
the legal processes impacting the property they have acquired. Such parties may be required
to deal with legal processes that were initiated prior to the acquisition of the property.