Law:

Section:

Specie Relief Act (I of 1877), S. 42 and Civil Procedure Code (V of 1908), O. XXXIX, r.]-Declaratory suit-Injunction, inter­locutory-Licence (subject-matter of suit), issued by Municipal Committee, expiring by efflux of time during pendency of suit-­Question of continuing licence or restraining Municipal Committee from cancelling same, in circumstance, held, did not arise-Petitioner if successful in suit will recover all damages suffered in consequence of cancellation and also be entitled to renewal of licence-No irrepar­able injury likely to be suffered and monetary compensation adequate remedy-Injunction, held, rightly refused. JUDGMENT HAMOUDUR RAHMAN, C. J.-This is a petition for special leave to appeal from the order of a learned Single Judge of the Sind-Baluchistan High Court in two revisional applications. The petitioners in these two revision petitions had stalls in a private market for selling beef and meat respectively under licences issued to them by the Hyderabad Municipal Committee, They complained that the Municipal Committee, without any notice to them, under instructions of the Commissioner, purported to cancel their licences with the option of being allotted shops in some other market, if they so desired. As the market in which the allotments were offered was at a considerable distance from the private market where they were carrying on business, they filed declaratory suits in the Court of the Senior Civil Judge, Hyderabad, challenging the orders of the Municipal Committee. They also applied, under Order XXXIX, rule 1 of the Code of Civil Procedure, for interim injunctions restraining the Municipal Com­mittee from revoking their licences. The senior Civil Judge dismissed these applications on the ground that the licences being revocable at the will of the licensor the latter could not be restrained from exercising his discretion. They went up in appeal to the District Judge without any success, They then came to the High Court in revision, The High Court took the view that, because the licences had since expired by efflux of time, no question of granting an inter order could any longer arise. One of the petitioners has now come up for special…

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