[Latin: a pending suit]
Lis pendens is a Latin term, connotes a pending suit. Lis pendens is a notice of litigation which is recorded with the title of real property. This is a legal notice recorded to show pending litigation relating to real property and giving notice that anyone acquiring an interest in said property subsequent to the date of the notice may be bound by the outcome of the litigation.
During the pendency in any court in Bangladesh of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. ….. [Section 52 of the Transfer of Property Act, 1882]
The doctrine of lis pendens does not make alienations made during pendency of a suit void but only that such alienation will not affect the rights of other parties to the suit. It means that the purchaser pendente lite is bound by the result of the litigation. ….. [Bangladesh Leaf Tobacco Company Ltd. vs. Md. Abdul Mannan 43 DLR 7]
Where a transfer is hit by section 52 of the Transfer of Property Act, the transferee is not entitled to hold his title against a party to the suit sought to be affected by the transfer; for a suit for specific performance of a contract operates as lis pendns. ….. [Atar Ali vs. Abed Ali (1953) 5 DLR 470]