Law: Civil Procedure Code (V of 1908)

Section: S.115,O.I,XXXIX,R.2(3),9

(a) Civil Procedure Code (V, of 1908)--- ----O. XXXIX, R.2(3)---Breach of interim injunction---Consequences---Provisions of O.XXXIX, R.2(3), C.P.C., envisaged penal consequences for violating orders passed by a court of law---Penal consequences were always against a named individual and could not be enforced against officialdesignations. Khawaja Muhammad Sharif v. Abdul Baqu (PLD 1954 Pesh. 72, Ghulam Sarwar v. Ghulam Rabbani PLD 1992 Pesh. 130; Ayaz Durrani v. Chairman WAPDA (PLD 2000 Lah. 414; Haji Sheikh Afzal Hussain v. Bhabani Prosad Saha PLD 1963 Dhaka 25 and Imtiaz Ahmad v. Ghulam Ali PLD 1963 SC 382 ref. (b) Civil Procedure Code (V of 1908)--- ----O. I, R.9---Misjoinder or non joinder of parties---Effect---Misjoinder or non joinder of parties, seldom would result in dismissal of the suits. Sardar Muhammad Kazim Ziauddin Durrani v. Sardar Muhammad Asim Fakhruddin Durrani and others 2001 SCMR 148 ref. (c) Civil Procedure Code (V of 1908)-- ----S. 115---Revisional jurisdiction .of High Court---Scope---Findings of the courts below which were neither perverse nor arbitrary, could not be disturbed in revisional jurisdiction of High Court. Muhammad Idrees v. Muhammad Parvez 2010 SCMR 5 ref. THIS JUDGMENT DELIVERED BY: YAHYA AFRIDI, J.--- This Revision Petition is directed against the judgment and decree passed by the learned Additional District Judge-VII, Mardan dated 21-10-2009 whereby the appeal of the present petitioners against the judgment and decree dated 27-4-2009 passed by Civil Judge-IV, Mardan was dismissed. 2. The brief and relevant facts which have led to the present petition are that the present respondent had opened an account No.PLS-010331-2 ("Account") at Muslim Commercial Bank Limited ("MCB"), Bank Road Branch, Mardan ("Branch") and on retirement from WAPDA, he had deposited his pensionary benefits in the Account. A Cheque bearing No.262915 dated 19.5.2003 for an amount of Rs.80, 000 ("Cheque") on presentation at the counter of the Branch was honoured and the said amount was debited from the Account. 3. The present respondent contested and disputed the signature on the said cheque. In consequence thereof, inter alia, a recovery suit was filed…

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