SC: Lis pendens applies to money suits on mortgaged property, even ex-parte cases

SC: Lis pendens applies to money suits on mortgaged property, even ex-parte cases

The Supreme Court of India clarified the scope of the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882, holding that it applies even to money suits involving mortgaged property and to ex-parte proceedings. In Danesh Singh & Ors. vs. Har Pyari (Dead) Thr. LRs. & Ors., the Court held that once immovable property is directly and specifically in question in a suit, any transfer made during pendency of the proceedings is hit by lis pendens. Purchasers pendente lite merely step into the shoes of the judgment-debtor and are bound by the decree and execution proceedings, regardless of notice or bona fides. The Court further held that such transferees are representatives of the judgment-debtor, not independent third parties. Consequently, a separate civil suit is barred under Section 47 CPC, and execution-related disputes must be raised before the executing court itself. Upholding the auction sale, the Supreme Court set aside the contrary findings of the lower courts.