The doctrine of lis pendens is the oldest doctrine and finds its application in the General Law of English. Under this doctrine, judgments on immovable property are considered to be superior to any transfers made by the parties at the time of the litigation. Later in this doctrine it was also equally accepted for better and more general justice. The word lis means action or suit or suit, while the word pendens means pending. Therefore, the term lis pendens primarily suggests a pending claim or pending indictment. The doctrine of lis pendens was clearly demonstrated at the event – “pendente lite nihil innovature”, which states that nothing new should be introduced during the trial. In the case of Supreme General Films Exchange Ltd. v. Sri Nath Singhji Deo, a theater is attached to issuing an announcement to its owner. At the time of attachment, the owner rented the theater to M / s. Supreme General Films Exchange Ltd. It was upheld by the Supreme Court that the agreement was struck by the doctrine of lis pendens.
The principle behind this doctrine is that during the course of any claim against the title of a particular property, no new interest in the property should be created. The creation of a new interest or title is calculated as the transfer of assets. Therefore, the doctrine of lis pendens prohibits the transfer of pending assets. The doctrine is based on the fact that the court’s decision is still pending against those involved in the claim and those who received the title during the trial. The term “pendent lite nihil innovator” is a law based on the requirement for final release and in the state simply that it is not possible to file a successful claim when the separation is valid during the proceedings.
DOCTRINE OF LIS PENDENS AS A SWORD AND SHIELD BOTH
The right enshrined under Article 52 may be used, no doubt, as a sword and a shield. This depends on the following factors- which party is affected, what right or interest should be transferred and how this transfer may affect any party to the lis pendens. It can be used as a shield between the same groups in the next or similar continuation. Anyone wishing to use this doctrine as a sword must first state his right to do so in the event of any dispute arising out of his claim to do so. If the transfer is not avoided by any party involved in the fraudulent or previous activity that may be affected, the transferor may claim that the right to avoid the transfer is lost. In order to claim that the transfer is invalid in terms of Section 52, a person must ensure that it affects the rights of the other party in the application. If the party is challenging the separation on the basis of this doctrine, it must be found that the transfer was made intentionally with the intent to affect or infringe the rights of the defendant or plaintiff.
It is alleged that in the case of Rajendra Singh and Santa Singh, the purpose of the protest was to strike a balance between the two parties’ efforts to reduce the Court’s jurisdiction and the court’s decision.
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