SHAKILA BANU Vs. KATHIJA BI

JUDGEMENT

(1.) The unsuccessful defendant in the Courts below is the appellant before this Court. The above second appeal gives rise to an interesting question of law as to "Whether lis pendens would apply in respect of a transaction that has taken place during the pendency of a suit before a Court that did not have jurisdiction to consider the lis?"

(2.) . The second appeal no doubt has been admitted on the following substantial questions of law:

(3.) . The second appeal arises from out of the suit O.S.No.139 of 2007 filed before the III Additional District Munsif, Kallakurichi. It is necessary to allude to the facts which has culminated in the filing of the second appeal and the parties in the course of the discussion are referred to in the same ranking as they were before the Courts below.