Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 94,115

(a) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), Ss.94 & 115---Suit for declaration---Supplemental proceedings---Furnishing of bond---Scope---Revision---Maintainability---Plaintiff filed suit wherein he moved an application under S.94, C.P.C. that defendants were violating the stay order---Trial Court directed the defendants to submit personal bonds---Validity---Nothing was wrong if the Trial Court passed interlocutory order when mala fides were alleged in the plaint and court observed the same as just, proper and convenient---No illegality or irregularity had been committed by the Trial Court and impugned order had been passed in legal fashion---Revision was not entertainable before the High Court in circumstances, and same should have been filed before the court of District Judge as being the court of lowest grade. 1998 CLC 134; 1992 CLC 1904; 1994 MLD 903 and Tariq Mehmood v. Contractor Ahmed Din and 4 others 2009 SCR 294 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 94---Supplemental proceedings---Power of court to pass interlocutory order---Scope---Making of interim order was a part of the working of the judicial system and no separate or specific provision was necessary. (c) Civil Procedure Code (V of 1908)--- ----S.115---Revisional jurisdiction---Scope---Revisional power could be exercised if subordinate court had exercised jurisdiction not vested in it or failed to exercise jurisdiction vested in it or acted in exercise of such jurisdiction illegally or with material irregularity. 1998 CLC 134 rel. ORDER SARDAR ABDUL HAMEED KHAN, J.---This revision petition has been filed against the order of Civil Judge Mirpur dated 27-1-2012, whereby on the application under section 94 of C.P.C., filed by present respondent No.1, the Court ordered the petitioner and pro forma respondent to furnish personal bonds to the sum of Rs.1,00,000 (one lac) each for not committing any breach of stay order. The brief facts of the instant revision petition are that the present respondent No. 1 has filed a civil suit for declaration-cum-perpetual injunction against the petitioner and pro forma respondent No. 2 in the Court of Civil…

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