NOOR MOHAMMAD Vs. PPORANSINGH

JUDGEMENT

(1.) The petitioner before this Court has filed this present writ petition being aggrieved by the order dated 12/6/2020 passed by the Civil Judge, Shujalpur in Case No. 10B/2019.

(2.) Facts of the case reveal that the petitioner - plaintiff has filed a Civil Suit for recovery of a sum of Rs.11,25,000. During the pendency of the Civil Suit an application was preferred under Order 38 Rule 5 read with Sec. 94 of the Code of Civil Procedure, 1908 and the same has been rejected by the trial Court by observing that the doctrine of lis pendens shall be applicable.

(3.) This Court has carefully gone through the Writ Petition and the order passed by the learned Civil Judge. The learned Civil Judge was certainly justified in holding that the doctrine of lis pendens is applicable and any transfer made by the defendant shall be subject to the provision of Sec. 52 of the Transfer of Property Act , 1882.