| Citation(s) |
|---|
| 1974 SLG 115 1974 SLD 115 1974 SCMR 94 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 11.9 of 1973, decision dated: 10th September 1973
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Z. H. Chishti, Advocate Supreme Court instructed by Syed Anwar Ali, Advocate-on-Record for Petitioners.Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. 11.9 of 1973, decision dated: 10th September 1973
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Z. H. Chishti, Advocate Supreme Court instructed by Syed Anwar Ali, Advocate-on-Record for Petitioners.Nemo for
Respondents.
INAMUL HAQ AND another
VS
THE PAKISTAN REFUGEES REHABILITATION FINANCE CORPORATION AND ANOTHER
Law:
Section:
Civil Procedure Code (V of 1908)----O. XLIII, r. 1 read with O XXXIX, r. I--Temporary injunction-High Court, appellate jurisdiction of--High Court in exercise of its appellate jurisdiction refusing to grant interlocutory injunction-Discretion not unjustly exercised-Case neither raising any law point of general importance nor finally deciding any dispute between parties - Petition dismissed - Constitution of Pakistan (1972), Art. 186 (3). JUDGMENT MUHAMMAD GUL., J.-Respondent No. 1, herein is a statutory corporation established originally under Ordinance XIV of 1948 and reconstituted under Ordinance 11 of 1962, for the Rehabilitation of incoming refugees particularly artisans. For that purpose respondent No. 1 acquired certain land known as Bholari Camp in Dadu district on which a large number of refugee families were settled and where they established small industries. Among other things, respondent No. 1 had to arrange for the supply of electricity and water to the residents of the Camp at certain rates settled by mutual arrangement. It appears that on 30th August 1968, a meeting was held under the Chairmanship of Deputy Commissioner, Dadu, to discuss mainly the problems arising out of large sums of money outstanding against respondent No. 1 on account of electricity and water charges which had accumulated by reason of non-payment of arrears by the residents of the Camp. The meeting was attended among others by four representatives of the refugees including the petitioner No. 1 herein. Among the decisions taken in this meeting were to increase the charges for electricity and water and also to devise means for the recovery of mounting arrears. Copies of the minutes were sent to the various persons including petitioner No. 1, who was one of the representatives of the residents. After about two months of the circulation of its minutes, the two petitioners filed Suit No. 64 of 1969 in the Court of the District Judge, Dadu, impleading the Corporation and Deputy Commissioner, Dadu as the two defendants. The relief claimed was that the proceedings of the meeting held on the 30th August 1969 and the decision taken thereon were illegal. By way of consequential…
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