Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.1 & 2---Suit for declaration, injunction and damages---Interim injunction, grant of---Necessary ingredients---Proof---Factual controversy---At the time of filing of suit, ad-interim injunction was granted in favour of plaintiff---Validity---Case of plaintiff was based upon allegations made in the plaint, the last agreement between the parties and contentions in pleadings, which all were not in consonance with one another, if not in contradiction---Plaintiff had the option to prove his case as the controversy between the parties was of factual nature whereon applicable law was dependent---Matter of interim injunction could not be left to the conclusions of evidence, where the same was obtained on the first date, on recording contentions of plaintiff's version only at the time of granting notice to the other side---Injunction order interim or of permanent nature had to be based upon record available before a Court of law, covering all three required aspects/ingredients of prima facie case, balance of convenience and irreparable loss---Case as made out by plaintiff at such point of time fell short of having a prima facie nature for injunction on the basis of record available (irrespective of the allegations made, which could not be the sole basis) as such the interim injunction was also not available---Denial being termed as evasive was not sufficient in presence of last agreement for any relief claimed by plaintiff in such regard---Case of plaintiff at such point of time was only maintainable for damages---High Court withdrew ad-interim injunction granted in favour of plaintiff at the time of filing of plaint---Application was dismissed in circumstances. 1997 CLC 1903; PLD 2011 Kar. 362; PLD 2004 SC 860; 2003 SCMR 1864; 2002 CLD 77; 2016 CLC 189; PLD 1965 SC 83; 2015 YLR 2141; 1995 MLD 384; PLD 2001 Kar. 185; 2013 PLC (C.S.) 768; 2010 MLD 800; 1974 SCMR 519 and Jamshoro Joint Venture Ltd. v. Sui Southern Gas Company Ltd. Suit No.1216/2016 ref. THIS ORDER PASSED BY: MAHMOOD AHMED KHAN J.---- The pending applications have been heard and by this order only the applications under Order XXXIX rules 1 and 2 filed…

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