Law: Transfer of Property Act, 1882

Section: 52

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Transfer of Property Act (IV of 1882)--- ----S. 52---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1& 2--­Constitution of Pakistan (1973), Art. 185(3)---Doctrine of lis pendens--­Applicability---Authority to withdraw application for interim injunction-­-Son of the counsel of the petitioner was working as his junior--- Application for interim injunction pending before Trial Court was withdrawn by the son of the counsel---Petitioner sought recalling of the withdrawal order but Trial Court declined---Order was maintained by High Court on the ground that the son must be deemed to have been authorized by the counsel of the petitioner to make the statement, therefore, the statement was not to be treated as unauthorized--­Validity---If during the pendency of the suit, the respondents would deal with the property, the same might be defended on the ground of rule of lis pendens---Supreme Court declined to interfere in the interim orders passed by the Courts below---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.--- This petition is directed against the judgment dated 6-8-2001 of the Lahore Court through which appeal filed by the petitioner against an interim order passed by the trial Court in the suit filed by him for specific performance of agreement of sale has been dismissed. 2. The petitioner filed a suit for specific performance of agreement of sale alongwith which an application was also made for issuance of temporary injunction. The said application was withdrawn by Mr. Imran Saeed Bhatti, Advocate who is son of the learned counsel who was engaged in the case…

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