Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Suit for declaration and permanent injunction---Temporary injunction, grant of---Scope---Plaintiff claimed that he was awarded contract of improvement and widening of road---Defendant authorities, after completion of work, did not take over possession of the road and his deposit made with the authorities was not returned---Validity---Neither any copy of written agreement regarding award of contract had been annexed with the plaint nor any other document in the name of plaintiff was available on record---Plaintiff had failed to demonstrate prima facie arguable case, balance of convenience was also not in his favour and he would not suffer irreparable loss if temporary injunction was not granted---Revision petition, being devoid of merits, was dismissed. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- Through this civil revision petition the plaintiff/ petitioner has challenged the impugned judgment/ order dated 06.6.2018 passed by the learned Additional District Judge Diamer whereby the learned 1st appellate court has dismissed civil 1st interlocutory appeal of the present petitioner/plaintiff and has maintained the order dated 25.4.2018 passed by the learned Civil Judge 1st Class Chilas. 1. A brief history of the case is that on 10.2.2018 the petitioner/ plaintiff filed a suit for declaration and perpetual injunction before the learned civil Judge 1st Class Chilas against the respondents/defendants claiming that on 29.6.2007 contract of improvement and widening of 8.KM KKH to Fairy Meadow road was awarded to the petitioner. Accordingly the petitioner completed construction work of the aforesaid road as per agreement but the respondents have failed to handing/taking over of the suit road/project and 10 percent deposit has yet not been returned to petitioner/plaintiff. Now the respondents have issued notice for pre qualification of improvement and widening of disputed road on 15.1.2018, which is illegal and ineffective against the rights of the petitioner/plaintiff and liable to be cancelled. 2. The present respondents being defendants in the suit contested the suit by filing their joint written…

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