Pending - Indian Laws - General

Pending In Stroud s Judicial Dictionary , Edition 3, Vol. 3, p. 2114, the word pending is thus defined: Pending -- (1) A legal proceeding is pending as soon as commenced and until it is concluded, i.e., so long as the Court having original cognizance of it can make an order on the matters in issue or to be dealt with, therein. This definition of the word pending was adopted by the Supreme Court in Asgarali Nazarali Singaporewalla v. State of Bombay, Thus a legal proceeding can be said to be pending before a court only if that court has power to make an order on the matters in issue in those proceedings. Suits or proceedings have been held to be pending during appeals or revisions against decisions therein because the appeals or revisions are continuations of the original suits or proceedings and the appellate or revisional authorities are in a position to decide on merits the matters in issue and the orders or decrees of the courts or authorities of the first instance become merged in the appellate or revisional judgments or decrees as the case might be. Since proceedings in a writ petition are independent of the original proceedings and not a continuation thereof, it cannot be held that the suit or proceeding giving rise to a writ is pending before the High Court. UDAI BHAN SINGH AND ORS. VERSUS THE BOARD OF REVENUE, U.P., ALLAHABAD AND ORS. - 1974 (2) TMI 98 - ALLAHABAD HIGH COURT