Specificperformence
Mnselvaraaj
(Querist) 11 November 2011
This query is : Resolved
during the pendency of civil suit, can the defendant sale the suit property to the third party?
prabhakar singh
(Expert) 11 November 2011
Subject to risk of injunction order if any passed against him and also subject to rule of the law relating to the doctrine of lis pendens.Our Apex court recent judgement on the doctrine in Har Narain v. Mam Chand (Civil Appeal Np. 995-996/2003, judgment dated October 8, 2010)may be looked into.
Sankaranarayanan
(Expert) 11 November 2011
yes i do agreed with mr prabhakar singh
Devajyoti Barman
(Expert) 11 November 2011
Yes even if he does not apply for the liberty of the court unless there is any injunction against it.
Sale during pendency of suit is no illegal , only the rule of 'lis pendence' applies.
