Law:

Section:

(a) Fraud---.--- ---.----Order obtained against dead person--Held, on the basis of an order, which was obtained by playing fraud with the court, against a dead person, no benefit of the same can be extended to the party, instead he deserved serious condemnation because of his such act as the litigation remained pending for a considerable period---.---Fraud is an intrinsic, collateral act, which vitiates the most solemn proceedings of courts of justice. Mehr Muhammad v. Dy Settlement Commissioner and another 1979 SCMR 182; Hafiz Brothers (Pvt.) Ltd. v. Pakistan Industrial Credit & Investment Corporation Ltd. 2001 SCMR 1; Rehmat Din v Nasir Abbas 2007 SCMR 1560; Debendra Nath Dutt v. Administrator General of Bengal 35 Indian Appeals 109; Chief Settlement Commissioner v. Muhammad Fazil PLD 1975 SC 331; Ali Iqtidar Shah v. Custodian, Evacuee Property PLD 1964 Lah 274; Rehmatullah v Saleh Khan 2007 SCMR 729; Mst. Fehmida Begum v Muhammad Khalid 1992 SCMR 1908; Muhammad Younis Khan v. Government of N W P. P 1993 SCMR 618; Lal Din v. Muhammad Ibrahim 1993 SCMR 710; Muhammad Siddique v Abdul Majid 1999 SCMR 2671; Muhammad Sharif v. Sultan Humayun 2003 SCMR 1221; Hamza Haji v. State of Kerala AIR 2006 SC 302.8; S.P. Chengalvaraya Naidu v Jagannath AIR 1994 SC 853; Government of Sindh v. Khalil Ahmed 1994 SCMR 782; Bashir-ud-Din v. Govt. of N.-W.P.P. 1995 CLC 1394 and KERR on the Law of Fraud and Mistake ref. (b) Transfer of Property Act (IV of 1882)---.--- ---.----S. 52---.---Transfer of property pending suit---.---Scope---.---Pending suit, property cannot be disposed of and if some one opts to do so, he shall be responsible for such deeds---.---If a transaction of sale had taken place after the institution of the suit the rights of the decree holder shall be protected. (c) Punjab Pre-emption Act (I of 1913)---.--- ---.----S. 4---.---Pre-emption, right of---.---Non-deposit of sale price---.---Effect--Pre-emption right being feeble, pre-emptor is bound to follow the suit vigilantly and any slackness is always sufficient to non-suit him---.---In the present case, the amount of sale price had not been deposited in pursuance of a valid order, as such it would be deemed…

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