applied the doctrine of lis pendens. 9. Before proceeding to deal with the applicability of doctrine of lis pendens, it is significant to note that Issue no. 5 framed by the Trial Court was to the effect as to whether the agreement dated 17.08.1990 is a result of fraud and collusion, therefore, not binding on defendant no. 1. This issue was decided against the defendant. When the plaintiff preferred first appeal, the defendant did not move any cross-appeal or cross- objections, yet the first Appellate Court entered into this aspect of the matter to hold that the subject agreement was collusive between the plaintiff and defendant no. 1. This is not permissible in view of the law laid down by this Court in Banarsi vs. Ram Phal1 wherein this Court held thus in paras 10 & 11: 1 (2003) 9 SCC 6068 “10. The CPC amendment of 1976 has not materially or substantially altered the law except for a marginal difference. Even under the amended Order 41 Rule 22 sub-rule (1) a party in whose favour