Law: Civil Procedure Code (V of 1908)

Section: 1,2

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.1, 2 O.XLIII, R.1(r)---Application for grant of interim injunction---Ex-parte interim injunction, challenge to---Scope---Plaintiff filed suit for declaration, preventive and prohibitory injunction and consequential relief---Along with the suit, the plaintiff also filed an application under O.XXXIX, Rr.1 2, C.P.C.---Trial Court accepted the application, granted ad-interim injunction and issued notice to the defendants---Defendants filed appeal under O.XLIII, R.1(r), C.P.C., before the Appellate Court and the appeal was accepted---Validity---Ex-parte interim injunction was different from an order of temporary injunction made at the final disposal of the application after providing both the parties an opportunity of being heard---Ex-parte interim injunction was merely a provisional order---Order passed by the Appellate Court was set aside and the Trial Court was directed to decide the application under O.XXXIX, Rr. 1 2, C.P.C., within seven days. Messrs Parijatha and another v. Kamalaksha Nayak and others KLR 1984 Civil Cases 219 rel. JUDGMENT ABDUL HAMEED BALOCH, J.----This Civil Revision Petition is directed against the order dated 12.012022, passed by learned Additional District Judge-IX, (Vacation Judge) Quetta (appellate Court), whereby the appeal filed by the respondent against the order dated 08th January, 2022, passed by learned Judicial Magistrate-II/MTMC-VII, Quetta (trial Court) on an application under Order XXXIX, Rules 1 and 2, C.P.C., in the suit for Declaration, Preventive and Prohibitory Injunction and Consequential Relief was allowed. 2. Heard, record perused, the perusal of record reveals that the petitioner/plaintiff filed suit for Declaration, Preventive and Prohibitory Injunction and Consequential Relief against the respondents. Along with the suit, the plaintiff also filed an application under Order XXXIX, Rules 1 and 2, C.P.C. The trial court vide order dated 08th January, 2022, accepted the application and pleased to grant ad-interim injunction and issued notice to respondent for 22.01.2022. The defendants / respondents filed an appeal under Order XLIII, Rule 1(r), C.P.C. before the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492