Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2---Temporary injunction---Burden on plaintiff seeking temporary injunction not as onerous as the burden would be for succeeding in obtaining decree in suit---Grant and refusal of temporary injunction---Principles for guidance of Court stated. No doubt, the burden on plaintiff seeking an injunction by an interlocutory application is not as onerous as the burden would be for succeeding in obtaining a decree for specific performance. All that plaintiff needs to establish is that there is a prima facie existence of a right and a threatened infringement, and once he succeeds in showing this, he can obtain an injunction. In pursuit of such finding, Court has not to enter into minute and detailed discussion in regard to merits, although a limited examination of legal aspects in the case would be permissible. On the other hand, Court will only look to the definite in resolving the points that arise in the case and if it is of the view that a substantial or serious question of law or fact arises the requirement of having a prima facie case would be satisfied. This may be termed even as the plaintiff having an arguable case as distinct from plaintiff having no right at all or the plaint making fanciful or frivolous claims. In such an inquiry, Court will also keep in its mind, the substance of the stake involved, for example, the value of property and the loss that may be occasioned to one or other party by refusal or grant of an injunction. Muhammad Mateen v. Mrs. Dino Mankji Chinoy PLD 1983 Kar. 387; Sui Gas Transmission Company v. Sui Gas Employees' Union 1977 SCMR 220; S.N. Gupta v. Sadanand Gosh PLD 1960 Dacca 153 and Specific Relief Act by Sardar Muhammad Iqbal Khan, 1981 Edn., p.652 ref. (b) Interpretation of documents-- ---- Documents should not be read contrary to its actual wording. There is no principle of construction, which permits a document contrary to its actual wording to be read as though it followed a proposed precedent unless between the parties it has been rectified or at least is such as would by the Court be rectified. Jonmenjoy Coondoo v. George Alder Watson PC 561 fol. Reckitt v.…

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