Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXIX, R.2(3) & O.XLIII, Rr.1(r) & 3---Temporary injunction, disobedience of---Attachment of property---Revision---Maintainability---Conversion of revision into appeal---Requirements---Defendants inspite of temporary injunction raised construction on the suit land---Plaintiff filed application under O.XXXIX, R.2(3), C.P.C. and Trial Court attached the disputed property but Revisional Court set aside the said order of attachment of property---Validity---Court while granting an injunction might order the property of a person guilty of such disobedience or breach to be attached and might order such person to be detained in the prison for a term not exceeding six months---Temporary injunction was granted in favour of plaintiff but defendants continued their construction---Order passed while entertaining an application under O.XXXIX, R.2(3), C.P.C. was an appealable order---Defendants filed revision petition against the order passed by the Trial Court which was not competent---No revision would lie where an appeal lay---Revision could only be converted into appeal when there was a specific application moved for the purpose---No such application was moved by the defendants in the present case---Revisional Court could not convert said revision into appeal as no notice under O.XXXIX, R.3, C.P.C. was given by the defendants which was a mandatory requirement---Revisional Court had wrongly entertained the revision in circumstances---Demarcation through local commission was yet to be finalized and report was to be considered by the Trial Court---Trial Court was perfect court to pass an appropriate order after examining the local commission report and of any objections if so filed by the parties---Impugned order passed by the Revisional Court was declared as illegal, without jurisdiction and premature which was set aside---Order passed by the Trial Court was restored---Constitutional petition was allowed in circumstances. Saleem ud Din and another v. Municipal Committee, Tando Allahyar through Administrator and 5 others 2000 SCMR 460; Mrs. Dino Manekji Chinoy and 8 others v. Muhammad Matins PLD 1983 SC 693 and Messrs Heavy…

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