Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Temporary injunction, grant of---Essential ingredients stated. For grant of temporary injunction, a party has to prove three ingredients viz prima facie case in his favour, balance of convenience tilts in his favour and in case the sought injunction is not granted, he would suffer an irreparable loss. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Transfer of Property Act (IV of 1882), S.52---Punjab Pre-emption Act (IX of 1991) Ss.6 & 13---Pre-emption suit---Plaintiff's application under O.XXXIX, Rr.1 & 2, C.P.C. to restrain defendant from alienating suit-land and changing character thereof during pendency of suit---Validity---Balance of inconvenience could not be said to lie in plaintiff's favour before proving his superior right and performance of talbs on basis of evidence---Question of prima facie case in favour of plaintiff would be determined after scanning evidence of parties---Principle of lis pendens would take care of alienation of suit-land by defendant during pendency of suit---Injunctive order would deprive defendant of his vested right to use suit-land as its owner according to his choice---Application for temporary injunction was dismissed in circumstances. Gul Zare Khan v. Zafarullah 2011 MLD 138 rel. (c) Civil Procedure Code (V of 1908)--- ----O. XVI, R. 1 & O. XIII, R.2---Summoning of witness and production of additional evidence by a party---Powers of court---Scope---Court at any stage could allow any party to adduce additional evidence oral as well as documentary, but subject to showing sufficient cause for non-production of evidence at relevant time and necessity of evidence of such witness for just decision of case---Additional evidence could not be allowed to fill up lacunae by a party. Zar Wali Shah v. Yousaf Ali Shah and 9 others 1992 SCMR 1778; Iqbal Parekh and 4 others v. Karachi Building Control Authority (K.B.C.A.) through Chief Controller of Buildings (C.C.O.B.) Karachi and 4 others 2008 CLC 1334; Mst. Rukhsana Bibi v. Muhammad Ansar 2006 YLR 666; Haji Muhammad Tufail v. Muhammad Iqbal 2005 MLD 688; Arshad Ali and another v.…

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