Question

The doctrine lis-pendens applies where:

The doctrine lis-pendens applies where:

.

Option A: The suit is collusive
Option B: The transfer is made after the decree of the trial court but before the filing of an appeal
Option C: Right to movable property is in question
Option D: Property is situated outside the territorial jurisdiction of the court

Correct Answer

Option: b

Explanation

Transfer of property pending suit relating thereto.—During the 1 [pendency] in any Court having authority 2 [ 3 [within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4 [the Central Government 5 ***], of 6 [any] suit or proceeding 7 [which is not collusive and] in. which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. 7 [Explanation.—For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order, has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.]

Sample Mock Tests for Practice

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THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 07 Q.NO. 241 TO 280)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 01 Q. NO. 1 TO 30)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 01 Q. NO. 1 TO 30)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 02 Q. NO. 41 TO 80)

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 03 Q. NO. 61 TO 90)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 05 Q. NO. 161 TO 200)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

THE HINDU SUCCESSION ACT, 1956 (PAPER 01 Q. NO. 1 TO 35)

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 06 Q. NO. 176 TO 210)

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THE CONSTITUTION OF INDIA, 1949 (PAPER – 04 Q. NO. 106 TO 140)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 10 Q. NO. 316 TO 350)

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 16 Q. NO. 601 TO 640)

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THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 (PAPER 01 Q. NO. 1 TO 13)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 10 Q. NO. 361 TO 400)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 04 Q. NO. 106 TO 140)

THE SPECIAL MARRIAGE ACT, 1954 (PAPER 01 Q. NO. 1 TO 10)

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 07 Q. NO. 241 TO 280)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 03 Q. NO. 61 TO 90)