Legal Question in Civil Litigation in India

I have filed money suite for recovery of pronote. My lawyer planning to file IA petition seeking injunction, restraining defendant from selling the property until the suit is decreed.

I have many questions in my mind, as the debtor is trying to dispose his properties

what if the debtor sells the property after filing IA and BEFORE injunction order is passed?

what if the debtor takes loan against that property?

Does Section 52 doctrine of Lis pendens apply?

If a suit or a proceeding is pending, in which any right to immovable property is directly and specifically in question, then any transfer of such immovable property or any dealing with such property during the pendency of the suit is prohibited.

But, IA for injunction is just a petition, not a suit

also, does IA petition deals with rights of property?

what if the debtor sells the property AFTER injunction order is passed?

Breaching of injunction alone applies (or) section52 will also apply?

breach of injunction - court may order the property to be attached

> property sold will be attached?

> remaining property of person who violated the injunction order, will be attached?

> what if this person does not have any other property?

> person had just ONE property and sold it?


Asked on 8/27/17, 11:38 am

1 Answer from Attorneys
Shailesh Kumar

Ask questions with your lawyer and believe on him

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Answered on 9/02/17, 5:15 am


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