CAN TRANSFEREE PENDENTE LITE BE MADE PARTY TO A PARTITION SUIT?
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Abstract
The doctrine of lis pendens is based on legal maxim “ut lite pendente nihil innovetur”, that is, during a litigation nothing new should be introduced. The doctrine of lis pendens is a doctrine based on the ground that it is necessary for the administration of justice that the decision of a court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite. Section 52 of the Transfer of Property Act, 1882 (hereinafter referred to as the TPA) does not indeed annul the conveyance or transfer of immovable property which takes place pendente lite, but it rather renders the conveyance or transfer which takes place pendente lite, subservient to the rights of the parties to a litigation. The purchaser pendente lite is bound by the result of the litigation on the principle that since the result must bind the party to it so must it bind the person deriving his right, title and interest from or through him.
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