07/04/2024
The doctrine of lis pendens originating from the Latin term meaning "pending litigation," is a legal principle aimed at preventing the transfer of property that is the subject of ongoing legal proceedings. Its purpose is to uphold the integrity of court cases and prevent parties from disposing of property to avoid potential judgments.
In practical terms, lis pendens is commonly invoked in real estate disputes, particularly when one party seeks to sell or transfer property while a legal action concerning that property is underway. By limiting such transactions, the doctrine ensures that any judgment reached in the litigation will apply to subsequent purchasers.
Having roots in Roman law, the doctrine has a long history and has been incorporated into various legal systems, including common law jurisdictions. Over time it has evolved to strike a balance between safeguarding the rights of litigating parties and promoting stability and fairness in property transactions. Today lis pendens statutes and case law provide guidance on its application in modern legal contexts.
Fawad ur rehman
Advocate High court
