The rule of lis Pendens applies when the suit in which right to immovable property

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A

1, 2

B

3, 4

C

2, 4, 5

D

All of these

Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. The statement is:

A

True

B

False

C

Partly true

D

None of the above

"Rule of lis pendens" is applicable to suits for specific performance of contracts to transfer the immovable property. This statement is:

A

False

B

True

C

Party true

D

Depends on the facts of each case

The rule of lis pendens applies when

A

The suit or proceeding in which right to immovable property is indirectly in question

B

A suit or proceeding in which right to immovable property is pending between two persons and one of them sells the property

C

The suit or proceeding is pending in a court which does not have jurisdiction

D

Litigation is not bona fide but collusive

With reference to Doctrine of Lis Pendens read the following:
(1) It refers to Fraudulent transfers.
(2) It imposes a prohibition on transfer or otherwise dealing of any property during the pendency of a suit provided the conditions laid down in the section are satisfied.
(3) It creates only a right to be enforced to avoid a transfer made pendente lite.
(4) Such transfers are voidable.
Choose the correct combination:

A

(1), (2) and (3) are correct

B

(2), (3) and (4) are correct

C

(1), (3) and (4) are correct

D

All of these are correct

In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?

A

No, it cannot be because the original Memorandum of Family Settlement document which exists in the suit for partition which is disposed of, is a private document and not public document under Section 74 of the Evidence Act

B

Yes, if a certified copy is obtained of the Memorandum of Family Settlement, and filed in the suit against the tenant, as the certified copy being issued by a court, is a public document

C

Yes, certified copy obtained from a court of the Memorandum of Family Settlement will be a public document provided that the suit was filed and disposed of by a High Court and not the District Court

D

Yes provided the certified copy of the Memorandum of Family Settlement is sought to be proved by the executants of the memorandum of settlement

Which one of the following is not an essential condition for application of rule of "lis pendens" under Section 52 of the Transfer of Property Act, 1882?

A

Pendency of a suit or proceeding

B

Pendency in a competent court

C

Suit must be collusive

D

Alienation must affect the rights of other party

The doctrine lis-pendens applies where:

A

The suit is collusive

B

The transfer is made after the decree of the trial court but before the filing on an appeal

C

Right to movable property in question

D

Property is situated outside the territorial jurisdiction of the court

In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?

A

Yes, the principle of res judicata will apply

B

No, the principle of res judicata only applies against 'former suits.' In this case, the suit in Mumbai was filed subsequent to the suit in Delhi and is therefore not a 'former suit.'

C

No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai

D

No, because the plaintiff in the first suit is not the plaintiff in the second suit

In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is

A

Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith

B

Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith

C

Liable to be excluded under section 14(3) of Limitation Act

D

To be excluded or not to be excluded is in the discretion of the court

The rule of lis Pendens applies when the suit in which right to immovable property

Related Questions