2000 PLP 1581 (MLD)

(a) Transfer of Property Act (IV of 1882)‑‑‑ ‑‑‑‑S.52‑‑‑Transfer of property during pendency of suit‑‑‑Doctrine of "lis pendens"‑‑‑Applicability‑‑‑Where the matter was pending in High Court when the disputed alienation took place, rule of lis pendens was fully applicable. (b) Punjab Pre‑emption Act (I of 1913)‑‑‑ ‑‑‑‑S.21‑‑‑Transfer of Property Act (IV of 1882), S.52‑‑Pre‑emption suit‑‑ Doctrine of lis pendens‑‑‑Applicability‑‑‑Scope‑‑‑Suit for pre‑emption involves a right to specific immovable property and, therefore, is governed by the principle of lis pendens‑‑‑Said rule does not affect a sale taking place while right of pre‑emption of subsequent vendees is still subsisting‑‑ Doctrine of lis pendens does not apply to a suit for pre‑emption in case where subsequent sale has taken place after the expiry of the period of limitation‑‑‑Active prosecution of a case must be deemed to be continued so long as the suit is pending in appeal‑‑‑Doctrine of lis pendens applies to a suit for pre‑emption accordingly. (c) Transfer of Property Act (IV of 1882)‑‑‑ ‑‑‑‑S.52‑‑‑Expression "proceedings" ‑‑‑Meaning and scope‑‑‑Word "proceedings," used in S.52 of Transfer of Property Act, 1882, means the continuous proceedings right from Trial Court to appeal or revision,, as the case may be, preferred within limitation. (d) Words and phrases‑‑‑ ‑‑‑‑"Displaced"‑‑‑Connotation. Black's Law Dictionary and Chamber Concise Dictionary ref. (e) Words and phrases‑‑‑ ‑‑‑‑"Affected"‑‑‑Connotation. Black's Law Dictionary and Chamber Concise Dictionary ref. (f) Qanun‑e‑Shahadat (10 of 1984)‑‑‑ ‑‑‑‑Arts. 87 & 89‑‑‑Public documents‑‑‑Attested copies‑‑ ‑Provisions of Qanun‑e‑Shahadat, 1984, with respect to certification of documents is mandatory and any document not certified in accordance therewith cannot be relied upon‑‑‑Such certified copy must contain note that it is true and correct copy of the original‑‑‑Mere signature of Naqal Koninda (copyist) and Tasdiq Koninda (testifier)'is not enough. 1991 CLC 1201 and PLD 1962 Lah. 492 ref. (g) Qanun‑e‑Shahadat (10 of 1984)‑‑‑‑ ‑‑‑‑Art.90‑‑‑Presumption as to genuineness of certified copies‑‑‑Maxim "Omnia praesumuntur rite esse acta"‑‑‑Applicability‑‑‑Provisions of Art.90 of Qanun‑e‑Shahadat, 1984, is based on the maxim and it applies only to certificate and other documents certified by the officers mentioned therein. (h) Maxim‑‑‑ ‑‑‑‑"Omnia praesumuntur rite esse acta"‑‑‑Meaning: all things are presumed to have been done rightly. (i) Qanun‑e‑Shahadat (10 of 1984)‑‑‑ ‑‑‑‑Art. 90‑‑‑"Tarjih al Bayyinat"‑‑‑Meaning and applicability‑‑‑Where both the parties make contradictory allegations of a positive nature in relation to the same matter and both are prepared to adduce proof, the question then arises whose proof is to be preferred or heard‑‑‑Preferring and hearing of proof of any one party is termed as "Tarjih al Bayyinat". (j) Qanun‑e‑Shahadat (10 of 1984)‑‑‑ ‑‑‑‑Art. 90‑‑‑"Istishab al Hal"‑‑‑Meaning and scope‑‑‑Term means presumption arising from the accompanying circumstances‑‑‑Evidence of the party whose allegation is supported by certain general presumption is to be preferred‑‑‑Such general presumption is called "Istishab al Hal. (k) Punjab Pre‑emption Act (I of 1913)‑‑‑ ‑‑‑‑S.21‑‑‑Board of Revenue (Punjab) Notification No.3448‑65‑3300‑LRIV, dated 15‑9‑1965‑‑‑Civil Procedure Code (V of 1908), S.115 ‑‑‑ Pre‑emption suit ‑‑‑Mangla Dam affectees‑‑‑Notification No.3448‑65/3300‑LRIV, dated 15‑9‑1965 by Board of Revenue‑‑‑Principle of lis pendens‑‑‑Applicability‑‑ Vendees, according to certificates of Commissioner, Mangla Dam Affairs, were affectees of Mangla Dam, the notification of exemption was fully applicable in their case‑‑‑Any alienation of the suit property in favour of some other persons had no legal effect on such suit as at the relevant time the matter was sub judice before Supreme Court in civil review application‑‑ Where the basis was without foundation, all further actions were also nullity in the eyes of law‑‑‑Revision was allowed in circumstances. AIR 1949 PC 239; AIR 1953 SC 23; PLD 1964 Kar. 149; PLD 1975 SC 678; PLD 1983 SC 53; PLD 1983 SC 53; PLD 1987 SC 139 and 1990 MLD 213 ref. (1) Words and phrases‑‑‑ ‑‑"Istishab al Hal"‑--‑Meaning and scope‑‑‑Term means presumption arising from the accompanying circumstances‑‑‑Evidence of the party whose allegation is supported by certain general presumption is to be preferred‑‑ Such general presumption is called "Istishab al Hal.