Does the term "lispendens" denotes a lis pending between two private individuals or state and individuals. Can Pending of criminal case be equated with lis pendens?
Mansi Aggarwal 23 February 2021
Thank you for your query.
The meaning of lis pendens is a pending legal action. Lis means the suit and pendens means continuing or pending. Thi doctrine has been derived from a Latin maxim "Ut pendent nihil innovetur" which means that during litigation nothing should be changed.
This has been covered under Section 52 of the Transfer of Property Act, 1882.
Lis pendens denotes a suit pending between two private individuals. It can only be filed if a claim is related to property and not in criminal cases.
Hope this helps you.
Dr J C Vashista (Advocate) 23 February 2021
Very well explained by Ms.Mansi Aggarwal, I agree and appreciate.
However, this platform is created to help needy litigants and not for providing any coaching.
Gaurav Raut 25 February 2021
175B083 Mahesh P S 26 February 2021
Hello,
For more input visit:
https://www.lawyersclubindia.com/articles/doctrine-of-lis-pendens-7568.asp
minakshi bindhani 01 November 2021