Case Details

Citation(s)
2017 SLG 2176 2017 SLD 2176 2017 YLR 821
Islamabad High Court
C.R. No. 413 of 2016, decision Dated: 21-11-2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Syed Zafar Abbas Sherazi for Petitioners.

NOMAN AHMED AND OTHERS

VS

MST. SOBIA FAROOQ AND OTHERS

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2 (B) & S. 151---Suit for partition---Temporary injunction---Dispossession of plaintiff during currency of injunctive order---Effect---Trial Court passed injunctive order restraining the defendants from dispossessing the plaintiff from the suit property---Plaintiff was dispossessed from the suit property and she filed contempt petition---Trial Court directed the bailiff to put plaintiff back in possession of suit property from which she had been dispossessed---Contention of defendants was that injunctive relief granted by the Court could operate only for a period of six months---Validity---Injunctive relief was confirmed after an inter-parte hearing---Plaintiff was dispossessed from the suit property during the currency of injunctive order passed by the Trial Court---Trial Court did not commit any jurisdictional error by directing that plaintiff be handed over possession of the portion of suit property from which she was dispossessed---Injunctive order passed by the Trial Court had till date not been set aside---Alleged dispossession was within a period of six months of the confirmation of injunctive order---Trial Court was bound to restore the status quo ante by putting plaintiff back in possession of suit property---Act of dispossession would amount to over-reaching the process of law---Trial Court was bound to protect the rights of the parties as they existed on the date of filing of the suit and the grant of injunction---Section 151, C.P.C. could also be invoked to effectuate an order validly made by a Court of competent jurisdiction---When unlawful means were adopted by a party, it was responsibility of the Court to invoke S.151, C.P.C. to secure the ends of justice or to prevent abuse of process of Court---Defendants could not take shelter behind their own wrong which had been further accentuated by the creation of a tenancy---Jurisdiction to make restitution was inherent in the Court and could be exercised whenever the justice demanded---Revision was dismissed in limine. Bakhtawar v. Amin 1980 SCMR 89; Saleem-ud-Din v. Municipal Committee 2000 SCMR 460; Muhammad Anwar v. Municipal…
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