Law: Civil Procedure Code (V of 1908)

Section: 1,2

Law: Specific Relief Act, 1877

Section: 42,54

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 2---Specific Relief Act (I of 1877), Ss. 42 54---Suit for declaration and permanent injunction---Temporary injunction, refusal of---Scope---Plaintiffs sought temporary injunction and right to graze their cattle in the disputed pasture till decision in the suit---Validity---Plaintiffs by dint of an agreement, allegedly executed between the then Raja and father of the plaintiffs, were claiming rights of grazing of their cattle in the suit pasture---Plaintiffs had filed an unattested copy of the agreement which was neither obtained from the proper office/Custodian of said agreement viz. A.C. office, the then Assistant Political Agent Office nor from record room of D.C., the then Political Agent Office, thus veracity of the document was highly doubtful---Residents of the village in which the pasture existed were not party to agreement, thus, the agreement was not binding on them---Government had also cancelled the so-called agreement---Prima facie arguable case did not lie in favour of the plaintiffs and balance of convenience was also not in their favour---Plaintiffs would not suffer irreparable loss if temporary injunction was not granted as they had their own pastures in their relevant district---Revision petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 2---Interim injunction--- Scope--- Prima facie arguable case in favour of the plaintiff, irreparable loss and balance of convenience must be in favour of the plaintiff, which are required to be established for grant of interim injunction and if one of the said ingredients is missing, relief cannot be granted to the party seeking interim injunction. JUDGMENT ALI BAIG, J.--- Through the instant revision petition filed under section 115, C.P.C. the petitioners/ plaintiffs (herein after called as petitioners) have assailed the impugned judgment/order dated 14.11.2019 passed by the learned District Judge Ghizer whereby the learned first appellate Court has allowed civil first appeal of the present respondents/defendants (herein after called as respondents) by setting aside the judgment/order of the learned trial Court dated…

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