https://www.taxtmi.com/caselaws?id=309634 A non-speaking dismissal of a special leave petition does not amount to a declaration of law and does not trigger merger, so the earlier decision on restraint against alienation pending suit cannot be treated as binding merely on that basis. Section 52 of the Transfer of Property Act embodies lis pendens and binds a transferee pendente lite to the result of litigation, but it does not make the transfer void or automatically exclude temporary injunction under Order XXXIX Rules 1 and 2 CPC. Grant of injunction remains discretionary on the usual tests of prima facie case, irreparable loss, and balance of convenience, and impleadment of a transferee pendente lite depends on the court's assessment rather than any absolute bar. en-us Fri, 08 Apr 2011 00:00:00 +0530 Thu, 14 Sep 2023 12:22:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309634 A non-speaking dismissal of a special leave petition does not amount to a declaration of law and does not trigger merger, so the earlier decision on restraint against alienation pending suit cannot be treated as binding merely on that basis. Section 52 of the Transfer of Property Act embodies lis pendens and binds a transferee pendente lite to the result of litigation, but it does not make the transfer void or automatically exclude temporary injunction under Order XXXIX Rules 1 and 2 CPC. Grant of injunction remains discretionary on the usual tests of prima facie case, irreparable loss, and balance of convenience, and impleadment of a transferee pendente lite depends on the court's assessment rather than any absolute bar. Case-Laws Indian Laws Fri, 08 Apr 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309634