Lis Pendens: Can Property Buyers Join Pending Suits?

  However, still in order to protect the mortgagee, there was the Don Davith doctrine of lis pendent by which a purchaser, lis pendente, was pushed out. ... The Ordinance which says that the purchaser is not bound by any unregistered lis pendens enables a person to acquire title who could not possibly be made a party to the conclusive mortgage decree referred to in the case of Suppr....

What the amending Ordinance declares is that no lis pendens shall bind a purchaser, mortgagee, or lessee, unless the same shall be registered, &c. It appears to me that lis pendens is a weapon of offence which the party relying on it must plead or otherwise put forward. ... The lit pendent was not registered. The mortgaged property was sold in execution on May 11, 1921, and purchase....

2024 0 Supreme(All) 138

The transferee pendent lite to the extent he has acquired interest of the defendant, the latter having no more interest in the property may not properly defend the suit or he may collude with the plaintiff, in such circumstances, the transferee may be joined as a party. ... But the transferee pendent lite can be added as a proper party, it was interest in the subject matter of the suit is substantial and ....

2023 0 Supreme(AP) 1443

In our opinion, the doctrine is based on the principle that the person purchasing property from the judgment debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree. ... It is thus settled law that a purchaser of suit property during the pendency of litigation has no right to resist or obstruct execution of decree passed by a competen....

2023 Supreme(Online)(AP) 13100

The doctrine of ’lis pendens’ prohibits a party from dealing with the property which is the subject matter of suit. ’Lis pendens’ itself is treated as constructive notice to a purchaser that he is bound by a decree to be entered in the pending suit. ... In our opinion, the doctrine is based on the principle that the person purchasing property from the judgment debtor du....

2023 0 Supreme(Del) 164

(2000) 6 SCC 402, the Hon’ble Apex Court observed that the person who purchases the property should have made necessary effort to find out whether the title or interest of the person from whom he is making purchase of the property was in actual possession of such property. ... immovable property to which they were not made a party. ... The Objectors ha....

2024 0 Supreme(Gau) 556

In our opinion, the doctrine is based on the principle that the person purchasing property from the judgment-debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree. ... The doctrine of “lis pendens” prohibits a party from dealing with the property which is the subject-matter of suit. &l....

2024 0 Supreme(Gau) 557

In our opinion, the doctrine is based on the principle that the person purchasing property from the judgment-debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree. ... The doctrine of “lis pendens” prohibits a party from dealing with the property which is the subject-matter of suit. &l....

2025 Supreme(Online)(Cal) 3277

to whether the plaintiff succeeded in proving his readiness and willingness for purchasing the suit property as per Section 16(C) of the Specific Relief Act. ... The point for consideration is that whether the transferee purchasers can be pleaded as a party or not in this suit. ... Hence, though the plaintiff is under no obligation to make a lis pendens transferee a party#HL_E....

R. 81.] in which, upon a consideration of the principal authorities, English, Indian and Roman-Dutch, it was held that lis pendent arose only upon the service of summons, so as to affect any dealing with the subject of litigation by the party defendant. ... A lis pendens arises only upon the service of summons, so as to affect any dealing with the subject of litigation by the party . defendant. The ....

2024 0 Supreme(P&H) 1298

Relevant Statutory Provisions 9. The Advocates Act, 1961 “29. Advocates to be the only recognized class of persons entitled to practice law — Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practice the profession of law, namely, advocates.32. Power of court to permit appearances in particular cases — Notwithstanding anything contained in this Chapter, any court, authority, or person may....

2022 0 Supreme(All) 453

Thus, exemption of Section 19 (b) of the Act of 1963 will not be available to appellants in view of doctrine of lis pendens. According to him, the doctrine of lis pendens will apply and the party purchasing the property after suit has been filed by the original purchaser will not get the title and benefit. 1 and 2 on 26.10.1987 i.e. prior to the execution of sale-deed in favour of Ravi Prakash Agrawal and others.

2018 0 Supreme(Mad) 2759

The learned counsel for the appellants further contended that respondent ought to have specifically challenged the sale deed as per the concept of lis-pendent. The learned counsel for the appellants admitted the execution of settlement deed by Visalakshi Ammal, but contended that the same was not acted upon. In support of his contention, the learned counsel for the appellant relied on the following judgments:

2018 0 Supreme(Mad) 1033

The plea of 'Lis Pendens' is based on Equity, Good Conscience or Justice. As a matter of fact, when the property in 'Lis' was declared to be an unauthorised area, then, the Appellant's/Plaintiff's purchase of the same is hit by the principles of 'Lis Pendens' as per Section 52 of the Transfer of Property Act, 1882. When the property in question is under 'Lis' for quite a long period, the Appellants/Plaintiffs purchasing the same by means of Sale Deed dated 13.12.2017, cannot plead ig....

2017 0 Supreme(Ori) 368

The sole question that hinges for consideration of this Court is as to whether lis pendens purchaser can be impleaded as a party in a final decree proceeding ?