Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2,9,O.VII,R.11

Law: Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)

Section: 29,9,11

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Grant of temporary injunction---One had to establish co-existence of three ingredients i.e. prima facie case, balance of convenience and irreparable loss/injury to succeed for grant of an injunction---Plaintiff, in the present case, had possession over the subject matter under a registered document and he had prima facie case in his favour---Balance of convenience was also in favour of plaintiff and his plea with regard to irreparable loss and injury carried weight---No prejudice or loss would be suffered by the authority in acting within four corners of procedure, law and instructions/directions of Mohtasib---Application for grant of temporary injunction was accepted in circumstances. PLD 2011 SC 365 ref. (b) Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)--- ----Arts. 29, 9 & 11---Civil Procedure Code (V of 1908), S. 9 & O. VII, R.11---Powers of Mohtasib---Scope---Bar on jurisdiction of court---Rejection of plaint---Scope---Determination of legal status of a document by civil court---Scope---Jurisdiction of court to question the validity of any action taken or intended to be taken under an order of Mohtasib had though been barred but competent court had not been restricted to entertain a suit where one had approached the court for determination of legal rights or legal status of a document---Civil court had absolute and exclusive jurisdiction to try all suits of civil nature determining the legal character, rights, obligation and status of person, property and documents---Mohtasib had been authorized to investigate any allegation of maladministration on the part of any agency or any of its officers or employees---Trial was not complete unless a full-fledged proceedings had been done as per procedure so provided while investigation was conducted/carried out in a summary manner---Investigation could not be equated with trial when objective of both were different from each other---Misfeasance was to be examined in investigation while rights and status were to be determined in the trial---Civil…

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