( 1 ) THIS appeal by the 5th defendant is preferred against the judgement and decree made by the Principal Civil Judge, Bangalore District, Bangalore, in O. S. No. 95 of 1971 decreeing the suit of the plaintiff against defendants 1 and 5 for a sum of Rs. 32,629-25 p. with costs and current interest at 6% per annum to be recovered by the sale of the plaint schedule properties and, in the event of any deficiency in the sale proceeds a decree for the balance amount to be recovered from the 1st defendant personally. The 1st defendant had remained ex parte before the trial Court and in this Court also and, therefore, the validity or otherwise of the second part of the decree against the 1st defendant personally does not arise for consideration in this appeal. We are only concerned with the mortgage decree made against the 5th defendant.

( 2 ) THE facts in this case are not in dispute. But, certain legal issues arise for consideration which, in our view, require to be considered, since there is an earlier decision of a learned Judge of this Court (Kulkarni, J.) taking the view that the doctrine of lis pendens as propounded under S. 52 of the T. P. Act (in short the Act) is no