Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr.2 & 3, O.XXXIX, Rr.1 & 2---Law Reforms Ordinance, (XII of 1972), S.3---High Court appeal---Lease of property---Controversy was as to whether property in question was leased for commercial use---Plaintiff had paid lease money for first three months and also gave post-dated cheques in that connection---Single Judge of High Court ordered to deposit all the post-dated cheques with the Nazir of the court---Grant of temporary injunction---Validity---Issue of fact could not be dilated upon without recording of evidence---Post-dated cheques were issued in favour of defendant by the plaintiff and if the same were presented for encashment and dishonoured, then a criminal case under S.489-F, P.P.C. could be got registered which would cause an irreparable loss to the plaintiff---Balance of convenience was in favour of the plaintiff---Prima facie case had been made out for injunction---Impugned order was maintained by Division Bench of High Court, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVIII, R. 5, O. XXXVII, Rr. 2 & 3---Law Reforms Ordinance (XII of 1972), S.3---High Court appeal---Summary suit on negotiable instrument---Attachment of property before ---Scope---Attachment of property before was an exceptional remedy under exceptional circumstances which should be established through some cogent evidence---Only apprehension of the plaintiff, in the present case, was that he would not be able to get execution of decree which apparently would be in terms of money---Mere establishing prima facie good case was no ground for invoking the provisions of O. XXXVIII, R.5, C.P.C. without first complying with sub-Rule 1 of R.5 of the said provision---Attachment of property, in the present case, would create hardship for the defendant---Impugned order with regard to attachment of property before was set aside---Single Judge of High Court would be at liberty to pass an appropriate order if, at any stage of trial, any subsequent evidence was brought on record justifying attachment of property before the . Messrs STFA C. & Co. v. Naeem Khan 2005 CLC 1270; Associated Drillers Ltd. Karachi…

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