Law: Specific Relief Act, 1877

Section: 42&53

(a) Specific Relief Act (I of 1877)--- ----Ss.42 53---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 2---Interim injunction---Concealment of facts was compulsorily retired on charge of corruption and his allotment of government residence was cancelled---Suit for declaration/permanent injunction was dismissed by civil court preferred appeal and injunctive order was passed contended that he had preferred appeal against his compulsory retirement which was pending before Tribunal---Validity---Held, there was no entitlement to government accommodation save in accordance with allotment policy of the concerned government---No provision existed in the Policy Governing Allotment of Residential Government Accommodation, allowing retention of government accommodation till decision of any service appeal against compulsory retirement---Discretionary relief under S.42 of Specific Relief Act, 1877, could be provided only when party was able to establish its entitlement to any legal character/right in property---Injunctive order was passed by Appellate Court mechanically without considering essential ingredients governing the grant of injunction in civil cases---Injunctive order was obtained while concealing facts relating to filing/pendency of first appeal which was withdrawn by respondent immediately after grant of interim injunction in his second appeal---Inequitable conduct of respondent disentitled himself for the grant of equitable relief---Constitutional petition was disposed of accordingly. Agha Nadeem v. Additional Secretary Welfare, Government of Punjab 2013 PLC (C.S.) 306; Shahab Mazhar Bhali v. Pakistan Railways 2014 PLC (C.S.) 356; Rehmatullah Khan v. Government of Pakistan 2003 SCMR 50; Malik Muhammad Khakan v. Trustees of Port of Karachi 2008 SCMR 428; Khurram Muggo v. Mst. Perveen Hameed Muggo PLD 2007 Lah. 518; Allah Dino and others v. Ali Muhammad and others 2016 YLR 890 and Baharo alias Bahar Ali v. Ghulam Rasool 2010 CLC 754 ref. (b) Civil Procedure Code (V of 1908)--- ----S.10---Res sub judice-Applicability on appeals---Scope---Doctrine of res sub judice embodied in S.10 of Civil Procedure Code, 1908, extends in its application to appeals. (c) Civil…

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