Law: Civil Procedure Code (V of 1908)

Section: S.107(2),O.VII,XLIII,XXXIX,R.1,1(r),2,11

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2 & O. VII, R. 11---Temporary injunction, grant of---Rejection of plaint by the Appellate Court---Validity---Incompetent suit should be taken off the file at its inception and plaintiff was to be allowed to retrace his steps---Plaint could be rejected even before summoning the defendants or at any stage of suit proceedings---Plaint could only be rejected when the same was pending or was under challenge---Plaint, in the present case, was not pending before the Appellate Court therefore, Appellate Court was to refrain from making any definite opinion with regard to fate of the suit---Adjudication upon merits of the suit was out of scope of Appellate Court when it was not pending before it---Decision of suit on merits was not permissible while dealing with the decision of Trial Court with regard to application for grant or refusal of temporary injunction---Impugned passed by the Appellate Court being based on lack of jurisdiction was nullity in the eye of law---No prayer was made for rejection of plaint in the prayer clause of memo. of appeal before Appellate Court---Impugned passed by the Appellate Court was set aside---Appeal against ad-interim injunctive order would be deemed to be pending before Appellate Court which would decide the same in accordance with law---Revision was allowed, in circumstances. Jewan and 7 others v. Federation of Pakistan through Secretary, Revenue, Islamabad and 2 others 1994 SCMR 826; Messrs Paper Corner v. Board of Intermediate and Secondary Education 1991 CLC 740; Niamat Ali and 3 others v. Mst. Sardaran Bibi and 4 others 2003 YLR 51; Mst. Sarwar Jan and 8 others v. District Judge, Bagh and others 2006 MLD 12; Bakht Zada v. Shah Tamash Khan and 5 others 2016 YLR 2337 and Nanik Ram and others v. Ghulam Akbar and 9 others 2016 MLD 52 ref. Messrs Aziz Flour Mills and 2 others v. The Industrial Development Bank of Pakistan 1990 CLC 1473 and Muhammad Khalil Solahria v. Faisalabad Development Authority and others 1991 CLC Note 304 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2 & O.XLIII, R. 1(r)---Appeal against ad-interim injunctive…

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