Law:

Section:

(a) Civil Procedure Code (V of 1908)----O. XXXIII, rr. 2 & 8 read with O. XXXIX, rr. 1 & 2-Pauper suit-Application to sue in forma pauperis---To be treated as a plaint only after grant of necessary permission-Provisions of O. XXXIX­ Cannot be invoked for grant of temporary injunction at such stage. The application to sue in forma pauperis is to be treated as a plaint under rule 8 of Order XXXIII, only after the necessary permission has been granted. Before the grant of such permission, there is no plaint before the civil Court, and therefore, the provisions of Order XXXIX could not be invoked for the grant of a temporary injunction at this stage. (b) Civil Procedure Code (V of 1908)- ---O. XXXIX, rr. 1 & 2-Injunction-No demand certificate executed by Managing Director of plaintiff Company prima facie evidencing full payment of plaintiff's claim by defendants-Plaintiff cannot be said to have prima facie case for issue of temporary injunction against defendant unless presumption of genuineness attaching to such -r documents dislodged. ORDER ANWARUL HAQ, J.-The petitioner-Company, acting through its Managing Partner, Capt. Zaheeruddin Macci, filed an application in the Court of a Civil Judge of the 1st Class at Lahore for permission to sue the respondents in forma pauperis for the recovery of Rs.7,60,200 plus interest on account of the sums due to it as a sub-contractor under respondent No. 1 for the construction of certain buildings connected with the Chashma Barrage. Along with this application, an application under Order XXXIX, rules 1 and 2 and section 151 of the Code of Civil procedure was also presented for a temporary injunction against respondent No. 2, i.e., the Water and Power Development Authority, not to finalize the bills payable to respondent No. 1 till the final disposal of this case. It was alleged by the petitioner that the respondent No. I was a foreign-firm and was likely to leave Pakistan after winding up its affairs owing to the impending completion of the Chashma Barrage. The application was resisted by the respondents on the ground that unless permission was granted to the petitioner to sue in forma pauperis, there was no suit…

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