Pranav Pai, Jindal Global Law School
ABSTRACT
In the vast legal landscape of our country, a few concepts are akin to double- edged swords, which are needed for delivery of justice but also have unintended consequences. One such example that warrants a close analysis is the doctrine of lis pendens; while it contributes to the legal jurisprudence and efficient functioning of the judicial system, it is not entirely devoid of loopholes. This paper will elaborate upon the essentials, exceptions and evolution of lis pendens so as to garner a cursory but comprehensive understanding of the doctrine. It also explores the link between lis pendens and the Registration Act, 1908, which was envisaged to complement the former and not circumvent its operation. Finally, the paper brings to light a major pitfall in the doctrine with regards to bonafide purchasers of disputed land while offering suggestions to overcome the same.
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