What do you understand by the Doctrine of Lis pendent? Explain with illustrations.
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The Doctrine of Lis Pendens prohibits multiple simultaneous lawsuits between the same parties on the same issue, ensuring judicial efficiency and preventing conflicting judgments. It bars secondary suits when a primary suit is pending.
Key elements –
Illustration –
A divorce case is pending between husband and wife in Court X. The wife files another case in Court Y seeking division of the same marital assets. The Doctrine of Lis Pendens applies, barring the second case from proceeding.
Exception –
The Doctrine of Lis Pendens promotes judicial efficiency, prevents conflicting judgments and ensures that legal issues are resolved in a single, definitive proceeding.