Doctrine of Lispendens

 Doctrine of Lispendens

Section 52 of Transfer of Property Act, 1882 talks about Doctrine of Lispendens .‘Lis’ means litigation and ‘pendens’ means pending. Thus, Lispendens means pending litigation. The rule of this doctrine is that during a pendency of any suit regarding title of a particular property, no new title or interest should be created in respect that very property. Because creation of new title is transfer of property. And this doctrine prohibits that.

Origin of Doctrine of Lispendens:

This doctrine is originated from the Bellamy v. Sabine, 1857. In this case the court observed this doctrine is based on common to law and equity which is based on the ground that if alienation pendente lite is allowed to prevail,it would not be possible to solve any proceeding successfully. The court further held that, in any suit the plaintiff will be held liable for defendant who is transfers his property to him before court's judgement and must be obliged thereafter.

Conditions for application of property:-
1.There must be a pending case or suit or proceeding.
2. The pendency of suit must be in a competent jurisdiction of court.
3.A right of immovable property is inevitably there.
4. The suit must not be collusive in nature.
5.That property which is in dispute must be transferred or dealt with either of the party.
6.The transfer should affect the other party to litigation.

Note: Doctrine of Lispendens is also applies to Article 226 and 227 of the Constitution of India.
Case Law: Hardev Singh v. Gurmail Singh, in this case , the court ruled that Section 52 only prohibits transfer of property. It doesn’t talk about illegality. The principle of this section is that any judgment given under this section only bound the transferee. The rights of transferee is limited under this section. It is only extended to the rights of transferor .

Non-applicability of Section 52
1.When the case is only about review.
2.When the suit is collusive in nature.
3.A person who is not related to the transfer of pending suit.
4 . Where the transfer is affected by the order of the court.
5. Cases where only transfer is affected.
6.Where the sale is made by a mortgagee in the exercise of power of Mortgage.
7. Where the suit is friendly in nature.
8.In case, where property which is in dispute is not properly described.
9.Where the pendency is about personal property other than the chattel.
10.The property which doesn’t create inconsistencies that too decided by the court.

Purpose of this doctrine:

This doctrine stops endless Litigation of disputed property regarding the title. Otherwise, it will not be possible to end a suit successfully if Alienations are permitted to stay and no deed is imposed. 'The Transferee pendente lite' is bound by the court as he was a party to the suit.

This doctrine is very old doctrine commonly operated in English Law. India Courts are of the view that this doctrine is necessity rather than notice under section 52 for final adjudication and public policy.The effect of this doctrine is not make a sale wipe out rather It works as a bar to a right title and interest in favour of other party.