Statutory redemption orders can be treated as subsequent events; lis pendens does not bar reliance on their operative effect.
An unchallenged statutory redemption order under the Redemption of Mortgages (Punjab) Act, 1913 attained conclusiveness because no suit under section 12 was filed, and the possession delivered under that order could be treated as a subsequent event materially affecting the maintainability of the appeal. The plea of lis pendens under section 52 of the Transfer of Property Act failed because the situation did not arise from a transfer by parties during the pendency of litigation, but from the operative effect of the statutory order itself. On that basis, the appeal was liable to be dismissed as infructuous.
Issues: Whether the appeal could be dismissed as infructuous on account of subsequent events and whether the principle of lis pendens under section 52 of the Transfer of Property Act prevented reliance on those events.
Analysis: The redemption proceedings under the Redemption of Mortgages (Punjab) Act, 1913 resulted in a Collector's order directing redemption and delivery of possession. No suit was filed under section 12 of that Act to challenge the order, so it attained conclusiveness. The Court held that such a statutory order, and the possession obtained in pursuance of it, could be taken into account as a subsequent event because it had a direct and material bearing on the maintainability of the appeal. Section 52 of the Transfer of Property Act was held inapplicable because the situation arose not from a transfer by act of parties in the pendency of the suit, but from the operative effect of the unchallenged statutory order.
Conclusion: The plea based on lis pendens failed, and the appeal was liable to be dismissed as infructuous.
Ratio Decidendi: Where admitted subsequent events arising from an unchallenged statutory order have a material bearing on the controversy, the appellate court may act on them, and section 52 of the Transfer of Property Act does not apply to such statutory consequences.
TaxTMI 
AI Drafter ✕
TaxTMI 
