The provisions of Article 124 of the Qanun-e-Shahadat Order are thus, fully attracted and there is a presumption of law that he is dead.

 Reliance is placed upon the case reported as Lal Hussain Versus Sadiq and others (2001 SCMR 1036). The relevant portion of the said judgment is reproduced as under for ready reference:-

 “It is common ground between the parties that Roshan Din is unheard of since 1947. The provisions of Article 124 of the Qanun-e-Shahadat Order are thus, fully attracted and there is a presumption of law that he is dead. However, the date of his death is not discernible from the record, therefore, the point for determination is whether his inheritance had opened seven years after 1947 or before the attestation of Mutation No.2868 or institution of the petitioner’s suit. The point can be conveniently determined in the light of the provisions of Article 124 of the Qanun-eShahadat Order and its interpretation made in Muhammad Sarwar and another V. Fazal Ahmad and another PLD 1987 SC 1. Article 124 of Qanun-e-Shahadat Order clearly spells out that where a person has not been heard of for seven years by those who would naturally have heard of him if he had been alive the burden of proving that he is alive is on the person who affirms it”. (Emphasis provided) 

  Part of judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT

Civil Revision (Against Interim Order) Decree US. 115 C.P.C
2400516.2216-16

2017 LHC 4609