Q. Explain the doctrine "Lis Pendens" during suit as understood with reference to

[vustudents]

View more random threads:

• What is the will, who can make it and explain in whose...
• Write a detail the procedure for obtaining a succession...
• Q. What do you understand by transfer of property. what is...
• What are the duties of a registering officer when a...
• What are the document on which registration is optional....
• Q. What do you meant by simple mortgage.
• What is procedure adopted for acquisition of land for a...
• What is award as understood under the land acquisition act?
• Q. Who is ostensible owner?
• Discuss the right and liabilities of mortgagor. (2004)

Q. Explain the doctrine "Lis Pendens" during suit as understood with reference to transfer of property. (2000)(2004)
1. Introduction:
A person can not be transferred during the pendency of a suit between the parties in the court. during the pendency of suit nothing new should be introduced.
2. Relevant provisions:
Sec. 52 transfer of property act.
3. Meaning of Lis-Pendens:
Lis means a cause to an action pendes means a pending suit.
4. Doctrine of Lis-Pendens:
According to Sec. 52 "during the pendency in any court having authority in Pakistan or established beyond the limits of Pakistan by the Federal Government of any suit or proceeding which is not collusive and in which any right to immoveable property is directly or specifically in question, the property can not be transferred or otherwise dealt with by any party to the suit or proceeding so and to effect the right of any other party there to under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.
Explanation:
For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a court of competent jurisdiction and to continue until the suit or proceeding has been obtained or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being enforce.
5. Basis of doctrine of Lis-Pendens:
The doctrine of Lis-Pendens based on the maxim.
"Pendente lite ninic innovature."
It means during litigation nothing new should be introduced.
6. Purposes of Lis-Pendense:
(i) Prevention of multi suit:
The important purpose of Lis-Pendence is to prevent multiplicity of suit.
PLD 1948 PC 117
It was held that broad purpose of Sec. 52 is to maintain the status Que unaffected by the act of any party to the litigation pending its determination.
7. Essentials of doctrine of Lis-Pendenes:
Following are essentials of doctrine of Lis-Pendense.
(i) Transfer during the pendency of suit.
Transfer by any party to the litigation should have taken place during the pendency of suit.
(ii) Competent court of jurisdiction:
Suit must be pending in the court of competent jurisdiction.
(iii) Suit should be non- collsive:
Suit should be non-collusive.
(iv) Suit relating to immoveable property:
Suit must the relating to immoveable property.
(v) Right to immoveable property must be directory:
It is necessary that right to immoveable property must be directly and specifically in question.
8. Exceptions:
Following exception when transfer can be made during the pendency.
(i) By operation of law.
9. Scope:
Doctrine of Lis Pendens bars the transfer or encumbering any right to immovable property during pendency of suit or proceeding before a court of law.
10. Conclusion:
To conclude I can say that it is a general rule known as Lis-Pendense in which transfer of immoveable property can not be made during the pendency of litigation in a court. this rule or doctrine protects the sanctity of the court.

Sponsored Links