The Doctrine of Lis Pendens

It is well settled, Doctrine of Lis Pendens is based on ground, decision of a Court in a suit should be binding not only on litigating parties but also on those who derive title pendente lite.


Doctrine of Lis Pendens is based on maxim ‘pendente lite nihil innovetur’ which means ‘pending litigation, nothing new should be introduced’. Section 52 of The Transfer of Property Act, 1882 which incorporates Doctrine of Lis Pendens, is based on equity and public policy. It pours complete efficacy to adjudicatory mechanism.

It is further important to notice, when a transaction is done, lis pendens or pending a case, transaction is, as such, not annulled. In fact, as between transferor and transferee, it does not lie in mouth of transferor to set up plea of lis pendens to defeat disposition of property.

Manjeshwara Krishnaya v. Vasudeva Mallya, AIR 1918 Madras 578 puts Doctrine of Lis Pendens as an extension of Doctrine of Res Judicata.

Hon’ble Justice K.M. Joseph, G.T. Girish v. Y. Subba Raju, [Civil Appeal No. 380 of 2022].