Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Civil Procedure Code (V of 1908) O. XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, grant of---Plaintiff company was engaged in business of carbon dioxide gas and defendant company was the supplier of raw material---Grievance of plaintiff was that defendant had raised demand in violation of terms and conditions of agreement executed between the parties---Validity---Execution of agreement was admitted between the parties and parties were bound to comply with terms and conditions of that agreement-- Plaintiff was ready to honour terms and conditions and even proposal made by High Court in order to run its business but mala fide of defendant was apparent on the face of record that as it had itself entered into the business of supply of carbon dioxide and then bent upon to destroy business of plaintiff by imposing conditions which were prima facie alien to contractual relationship between the parties---Dispute between the parties regarding interpretation of certain conditions of agreement could only be resolved after recording of evidence---Prima facie plaintiff had a good arguable case---As ingredients of prima facie case and irreparable loss were in favour of plaintiff, thus balance of convenience automatically tilted in plaintiffs favour---High. Court in exercise of revisional jurisdiction, set aside the order passed by Lower Appellate Court and restored interim injunction granted by Trial Court in favour of plaintiff---Revision was allowed in circumstances. Mehmood Ashraf Khan for Petitioner. Malik M. Rafique Rajwana for Respondents. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.--- The petitioner is aggrieved of the order of the learned Additional District Judge, dated 19-6-2010 whereby he while allowing the appeal of the respondents filed against the order dated 20-1-2010 passed by the learned Civil Judge rejected the application of the petitioner under Order XXXIX, Rules 1 and 2 C.P.C., in a suit for declaration along with permanent injunction. 2. Facts of the case in brief are that the plaintiff/petitioner filed a suit for declaration along with permanent injunction against the…

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