JUDGMENT :

Prayer : Second Appeal is filed under Section 100 of C.P.C against the Judgement and Decree dated 21.12.2018 passed by the Subordinate Court, at Kallakurichi in A.S.No.14 of 2014 confirming the judgment and decree dated 10.09.2015 passed by the III Additional District Munsif Court at Kallakurichi in O.S.No.139 of 2007.

The unsuccessful defendant in the Courts below is the appellant before this Court. The above second appeal gives rise to an interesting question of law as to “Whether lis pendens would apply in respect of a transaction that has taken place during the pendency of a suit before a Court that did not have jurisdiction to consider the lis?”

2. The second appeal no doubt has been admitted on the following substantial questions of law :

“(i) In the light of the Division Bench of the Kerala High Court in Govinda Pillai v. Aiyyappan Krishnan, AIR 1957 Ker. 10, whether the courts below have committed a manifest error in applying the principle of lis pendens to transactions that took place during the pendency of O.S.No.600 of 1985 which was admittedly returned by the