Law: Code Of Civil Procedure, 1908.

Section: 12(2)

Law: Transfer of Property Act, 1882

Section: 52

 Summary

The petitioner purchased the suit property from respondent Awais Hussain through a registered sale deed during the pendency of appellate proceedings relating to a partition dispute between Awais and his sister. After the appeal against the preliminary decree was dismissed and a civil revision was later withdrawn on the basis of compromise, the petitioner filed an application under Section 12(2) CPC before the appellate court to set aside the decree alleging collusion and fraud.

The court held that the petitioner was a pendente lite purchaser and therefore bound by the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882. The court further held that the petitioner wrongly challenged the appellate decree on merits rather than the withdrawal order of the civil revision allegedly based on compromise. Since no fraud was alleged against the compromise order and the purchase was made during the pendency of litigation, the petitioner could not invoke any exception to the doctrine of lis pendens.

Consequently, the civil revision was dismissed for being devoid of merit.