| Citation(s) |
|---|
| 2003 SLG 879 2003 SLD 879 2003 SCMR 429 |
Supreme Court of Pakistan
Civil Petition No. 548/L of 2002, decided on 27th February, 2002. (On appeal from the judgment of the Lahore High Court, Lahore, dated 21-1-2002 passed in Civil Revision No. 2410 of 2001)
MUNIR A. SHEIKH, TANVIR AHMED KHAN AND FAQIR MUHAMMAD KHOKHAR, JJ
Mian Qurban Saidq Ikram, Senior Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner. Ijaz Ali Sabazwari, Mirza Masoodur Rehman, Advocates Supreme Court for
Respondent. (on Notice)
Civil Petition No. 548/L of 2002, decided on 27th February, 2002. (On appeal from the judgment of the Lahore High Court, Lahore, dated 21-1-2002 passed in Civil Revision No. 2410 of 2001)
MUNIR A. SHEIKH, TANVIR AHMED KHAN AND FAQIR MUHAMMAD KHOKHAR, JJ
Mian Qurban Saidq Ikram, Senior Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner. Ijaz Ali Sabazwari, Mirza Masoodur Rehman, Advocates Supreme Court for
Respondent. (on Notice)
Mst. ZEESHAN NADEEM
VS
THE LYCEUM through Mst. Azra Umar
Law: Civil Procedure Code (V of 1908)
Section: 115,O.XXXIX,A2,1,2
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Specific Relief Act, 1877
Section: 54
(a) Civil Procedure Code (V of 1908)--- ----S. 115 & O. XXXIX, RrA, 2---Temporary injunction---Application for grant of temporary injunction made in appeal was dismissed by Appellate Court---Non-filing of revision petition against such order---Effect---.Such order had become final. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1, 2 & S.115---Specific Relief Act (I of 1877), S.54--Constitution of Pakistan (1973), Art. 185(3)---Temporary injunction---Suit for permanent Injunction---Agreement regarding franchise of "The Lahore Lyceum" between parties---Plaintiff established a branch of school in such name---Prayer in suit was that defendant (The Lyceum) should be restrained from interfering in the business of plaintiff of running the school in such name---Subsequent suit for permanent injunction by defendant (The Lyceum) against present plaintiff for restraining her from using the name of "The Lahore Lyceum"---Applications for issuance of temporary injunction were made in both the suits---Trial Court till final decision of case allowed both the parties to run schools in the name with which they were running at the date of institution of both the suits---Appellate Court accepted appeal filed by defendant (The Lyceum) and dismissed plaintiff's application for temporary injunction, but accepted defendant's application by issuing temporary injunction against plaintiff---Plaintiff did not file revision petition against dismissal of her application for temporary injunction, but filed revision petition against order, whereby application of defendant (The Lyceum) for temporary injunction stood accepted and plaintiff was restrained from using the name of "The Lyceum" in relation to her school, but was found entitled to run business in any other name---Validity---Plaintiff had admittedly been allowed under the agreement to run the school in the name of "The Lahore Lyceum" with overall supervision and right of inspection by other party to agreement-,-Such fact made clear that name of "The Lahore Lyceum" was in use of defendant before such agreement was entered for running the school in such name---Real dispute between the parties was about use of word…
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