Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code (V of 1908)-- ----O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of agreement to sell---Temporary injunction, grant of---Necessary ingredients---Application for temporary injunction to the extent of restraining encashment of cheques was dismissed by the Trial Court but Appellate Court restrained the defendants to encash the said cheques subject to furnishing Bank guarantee by the plaintiff---Validity---Specific dates had been given in the cheques and if defendants were to be restrained from encashing them then same could not be presented for payment after expiry of fixed period---Requirement of prima facie case in the matter of temporary injunction was not the only condition but other ingredients and factors like balance of convenience, irreparable loss, conduct of the parties, nature of suit, time likely to be absorbed in it and workability and reasonableness of the orders proposed to be passed should also be present---If by issuing an injunctive order the intention was to relieve a party from certain oppression then care was to be taken at the same time to avoid oppression for the other party---Plaintiff could not be permitted to avoid the performance of the commitment in the garb of protective order of the Court---Impugned order passed by the Appellate Court had created a balance while granting ad interim injunction by requiring the plaintiff to furnish Bank guarantee for the cheque amount---Buyer in a suit for specific performance should voluntarily deposit the balance sale price to show his bona fide and non-deposit of such amount or waiting for the final decree to deposit the price would reflect the bona fide of the purchaser adversely---Impugned order passed by the Appellate Court was fair, reasonable and just and no error of law had been committed---Revision was dismissed, in circumstances. Messrs Bin Bak Industries (Pvt.) Ltd. and another v. Friends Associates (Regd.) and others 2003 SCMR 238 distinguished. Manzoor Ahmad and 6 others v. Hamid Shah Gilani and another 1997 SCMR 1443; Hamood Mehmood v. Mst. Shabana Ishaque and others 2017 SCMR 2022 and Rab Nawaz and 13 others v.…

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