Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S. 42---Transfer of Property Act (IV of 1882), S. 52---Suit for declaration---Application for grant of temporary injunction---Ingredients---Lis pendence, doctrine of---Applicability---Scope---Applicability of doctrine of 'lis pendence' was not directly relevant for granting or refusing an interim injunction---Rejection or grant of interim injunction could not affect the applicability of doctrine of 'lis pendence'---Principle of 'lis pendence' would carry the nature of status quo with regard to the properties which were in litigation to save the rights of plaintiff---Plaintiff had to make out that prima facie case existed at the time of hearing an application, balance of convenience was in his favour and he would suffer an irreparable loss on refusal of the injunction---Plaintiff was not in possession of suit properties---Power of attorney was not misused to transfer the suit properties in the name of defendant---No documentary proof was available on record to show that plaintiff had paid any amount to purchase suit properties in the name of defendant---Mere payment of tax was not sufficient to make the case of plaintiff as prima facie arguable---Defendant would suffer an irreparable loss if temporary injunction was granted---Balance of convenience was also in favour of defendant---Rights of plaintiff would be protected under the doctrine of 'lis pendence' despite rejection of temporary injunction---Ingredients of grant of temporary injunction i.e. prima facie case, balance of convenience and irreparable loss were not available in favour of plaintiff from the facts and evidence on record---Absence of even one ingredient might not justify the grant of temporary injunction---No irregularity in the exercise of jurisdiction while passing the impugned orders was pointed out---Revision was dismissed in limine. Mst. Nazir Begum and 2 others v. Muhammad Tahir and another 2005 CLC 925; Fateh Muhammad v. Muhammad Hanif and another PLD 1990 Lah. 82 and Rana Imran and another v. Fahad Noor Khan and 2 others 2011 CLC 933 ref. Muhammad Bakhsh v. Hakim and others 2008 YLR 277;…

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