Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2 & O. VII, R. 11---Lease agreement---Temporary injunction, grant of---Ingredients---Scope---Lease property was part and parcel of historical site---Lease agreement had expired which was subject to approval of Provincial Government---Court could not force the parties to re-write some contract or extend the lease period---Essential ingredients for grant of temporary injunction had to be fulfilled before injunction could be granted in favour of a party---When decree for perpetual injunction could not be granted then no question for grant of temporary injunction would arise---Provincial Government had formulated a policy and wanted to restore and preserve the site to its original position---If interim relief was granted then it would be public at large who would suffer and not the plaintiff, of course defendants would also suffer as irreparable loss---Plaintiff had failed to make out a prima facie case in his favour---Plaintiff had no locus standi who failed to disclose cause of action in his suit---Suit would not serve any purpose and being frivolous it was to be buried at its inceptions being not maintainable and barred by law---Application for grant of temporary injunction as well as the suit was dismissed under O. VII, R. 11, C.P.C. Cocentrate Manufacturing Company of Ireland and 3 others v. Seven-up-Bottling Company (Private) Limited and 3 others 2002 CLD 77; Islamic Republic of Pakistan through Secretary Establishment Division, Islamabad and others v. Muhammad Zaman Khan and others 1997 SCMR 1508 and Messrs Zaidi Enterprises and others v. Civil Aviation Authority PLD 1999 Kar. 181 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Temporary injunction---Ingredients---Ingredients for grant of temporary injunction were prima facie case, balance of convenience and irreparable loss. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- This civil revision petition is directed against the concurrent judgments and orders dated 21.5.2015 and 2.6.2015 passed by learned Civil Judge-XVIII, Peshawar and Additional District Judge-X, Peshawar respectively, whereby…

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