Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. I, R. 10. O.XLIII, R.1 & O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), S.54---Suit for permanent injunction---Striking off a party---Appeal---Maintainability---Trial Court had reached to the conclusion that Province of Punjab, Tehsildar and Halqa Patwari were not necessary party and directed that their names be deleted from the array of defendants---Appellate Court directed the Trial Court to re-settle the matter with regard to arraying the defendants whose names were deleted---Validity---Appeal was creation of statute and same could not be inferred unless and until provided by the statute---Impugned order was under O.I, R.10, C.P.C. which did not fall within the ambit of O.XLIII, R.1, C. P. C---Appeal before the Appellate Court was not maintainable in circumstances---Impugned order passed by the Appellate Court was set aside---Revision was allowed accordingly. City District Government, Lahore through District Coordination Officer, Lahore v. Mian Muhammad Saeed Amin 2006 SCMR 676 and Province of Punjab through District Officer Revenue, Rawalpindi and others v. Muhammad Sarwar 2014 SCMR 1358 ref. Hafeez Ahmad and others v. Civil Judge, Lahore and others PLD 2012 SC 400 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1, 2 & O.XLIII, R. 1---Specific Relief Act (I of 1877), S.54---Suit for permanent injunction---Ad-interim temporary injunction, grant of---Appeal---Scope---Trial Court granted ad-interim injunction against which appeal was filed--- Appellate Court did not make comment upon ad-interim temporary injunction but while disposing appeal issued direction to maintain status quo with regard to possession of suit property---Contention of plaintiff was that Trial Court had not decided the application for grant of temporary injunction and appeal was not maintainable---Validity---Appeal was creation of Statute and same could not be inferred unless and until provided by the Statute---Trial Court had granted only ad-interim temporary injunction and had not decided the application for grant of temporary injunction---Appellate Court should have passed direction to the Trial Court to…

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