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According to the Madras High Court in The Official Receiver, East Tanjore v. Sait Jessasingh…

The Madras High Court distinguished statutory devolution to the insolvency office-holder from a transfer by a party during the litigation. It explained that a litigant…

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According to the Madras High Court in The Official Receiver, East Tanjore v. Sait Jessasingh Chathurbhujadas (1950), how did the doctrine of lis pendens apply when the interest of a defendant in property under litigation devolved on the insolvency office-holder solely by operation of law?

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Answer and explanation

Correct answer C

The Madras High Court distinguished statutory devolution to the insolvency office-holder from a transfer by a party during the litigation.

It explained that a litigant seeking to bind the office-holder by the result should join that office-holder as a party.

Option feedback

Option A

The court distinguished the office-holder from a purchaser taking a transfer during the suit.

Option B

The court accepted statutory devolution and addressed how the office-holder could be bound by the suit.

Option C

The office-holder took by operation of law. The court distinguished that vesting from a pendente lite transfer by a litigant.

Option D

The court addressed bringing the office-holder into the suit. Insolvency did not by itself terminate the suit.

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