Latin maxim “Ut Pendent Nihil Innovetur“

This doctrine has been described or originated from the Latin phrase “Ut Pendent Nihil Innovetur“, which means “During the Pendency of Lawsuit or Litigation“, nothing substantial should be added or modified.

The Concept of Notice

The Doctrine appears to be originally founded on the idea of notice, as pending litigation is regarded as constructive notice for the contested property Pendente Lite (Pending).

Application of Sec. 52 of the T.P. ACT

According to the interpretation of Sec 52, Lis is presumed to begin on the date of the filing of the plaint and continues until the lawsuit or proceedings has been appropriately resolved with by a final order or

In the matter of Bellamy v. Sabine

Justice Turner established the doctrine of ‘Lis Pendens’ in Bellamy vs. Sabine. It means that while the case is Pendente Lite (Pending), neither party can transfer the property in issue in such a way that it adversely affects the rights of his opponents.

Prerequisites that must be satisfied

In the matter of Dev Raj Dogra & Ors. vs. Gyan Chand & Ors.

The Apex Court interpreted Sec. 52 of the T.P. Act in this decision and established the necessary requirements that must be met in order to fall u/s 52: read more

Non-applicability of Lis Pendens

However, even if all of the aforementioned elements are met, there are some instances where Sec. 52 does not apply, i.e., such as these 11 points describe below... tap on learn more

Hardev Singh v. Gurmail Singh Case

In lieu of support, A transferred some of his properties into the name of his spouse, B, according to the facts of the matter. B, on the other side, has filed a suit to establish her ownership of the properties/assets transferred to her. for full article tap on learn more

While hearing the matter, the Supreme Court ruled as follows

“Sec.52 simply forbids a transfer” It’s doesn’t mention that doing the same would be illegal. Only the buyer during the proceeding of a suit is obligated by the outcome of the case. As a result, the transaction was not made null and void.”

Conclusion of the Doctrine of Lis Pendens

The concept of Lis Pendens is focused only on the concept of necessity, instead of the principle of notice, which is controlled by common law principles such as Equity, Justice, and Good Morality. As a result, it is essential in ensuring that justice has been served without jeopardising either party’s rights.

Read these articles also  goto end of the page: – 1. Transfer of Property Act, 1882 2. Doctrine of Election (T.P.A of  1882) 3. Directive Principle of State Policy (DPSP)

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