Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Civil Procedure Code (V of 1908)----O. XXXIX, Rr.1 & 2---Application for grant of temporary injunction---Determination of arguable/prima facie case, existence or absence---Test. For the purpose of existence or absence of a prima facie case in relation to exercise under Order XXXIX, Rules 1 and 2 C.P.C. the facts canvassed by both sides have to be examined, and it is on preponderance of facts based on documentary material and averments in the way of affidavits that concept of arguable case has to be determined. In addition, while deciding application under Order XXXIX, Rules 1 and 2, C.P.C., court is required to travel beyond four corners of plaint to determine, though tentatively, as to on what facts, finding is to be based. Thus, spectrum of Order XXXIX, Rules 1 and 2, C.P.C. is broader and more comprehensive. Malik Naeem Iqbal for Plaintiff. Nafeez Ahmed Osmany, A.A.-G. Faisal Kamal and Fazlur Rehman for Defendant No.8. Idress Alvi for CDGK. ORDER MUHAMMAD SHAFI SIDDIQUI, J.--- By this order I would dispose the applications at serial Nos.1 and 3. 2. Brief facts of the case are as under:--- 3. The plaintiff being the legal heir of Muhammad Abdul Samad son of Shaikh Dawood has filed this suit for declaration, cancellation and injunction with the following reliefs:--- "(a) Declaration that the plaintiff being real daughter of late M.A. Samad son of Shaikh Dawood is lawful and absolute owner of the suit-land viz Compact Land admeasuring 33 acres, 925 Ghuntas in Block "A" Sector-12, Surjani Town, KDA Scheme No.41, Karachi. (b) Declare the registered conveyance deed dated 11-5-2004 having Registration No.11453 Book No.I dated 9-2-2006 registered with Sub-Registrar Gadap Town, containing M.F. Roll No. U-1419/311399 dated 17-10-2007 purported to have been executed by M.A. Samad the father of plaintiff in favour of defendant No.8 is void, manipulated, forged, and fabricated and fraudulent and does not create any right or interest in favour of defendant No.8 and is liable to be cancelled and liable to be surrounded to this Hon'ble Court. (c) To cancel sale certificate issued by Mukhtiarkar (defendant No.5) in the name of deceased M.A. Samad. (d) To cancel the Entry…

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