Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 21(a)(b)---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2--­Interim injunction, grant of---Contract not specifically enforceable--­Compensation in terms of money---Defendant was a singer and the plaintiffs claimed to be her promoters---Plaintiffs alleged that due to non-performance of the defendant of her part of contract, the plaintiffs could not release album of songs being sung by the defendant thus the plaintiffs had suffered heavy losses---Interim injunction was sought against the defendant---Validity---If the losses suffered could be compensated in terms of money as adequate relief, specific performance of such contract was hit by the provision of S.21(a) of the Specific Relief Act, 1877---Performance of the agreement, in the present case, predominantly depended upon the personal qualification of the defendant as a singer, therefore provisions of S.21(b) of the Specific Relief Act, 1877 were also attracted---Plaintiffs were to extricate themselves from such legal complications at the trial but for the purpose of interim relief the plaintiffs had no arguable case---Plaintiffs had already set up a claim in terms of money and it was for them to make out a case with regard to such relief but it could not be taken as a ground for the grant of temporary injunction---Where the balance of convenience also did not lie in favour of the plaintiffs, no case for grant of temporary injunction was made out--­Application for grant of interim injunction was dismissed in circumstances. Messrs World Wide Trading Co. v. Sanyo Electric Trading Co. Ltd. and another PLD 1986 Kar. 234; McDonald Layton & Co. Ltd. v. Pakistan Services Limited and I others 1983 CLC 2252 and Prof. Dr. Asghar Allawuddin v. Lahore Lyceum School, Multan 1999 CLC 66 distinguioshed. (b) Contract Act (IX of 1872)--- ----Ss. 54 & 55---Time of the essence of contract---Failure to perform promise within time contemplated under agreement---Effect---Such contract was voidable within the meaning of S.55 of the Contract Act, 1872---Where the plaintiffs failed to perform their promise within the time contemplated under the agreement, prima facie, the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492