Law: Civil Procedure Code (V of 1908)

Section: 12(2),115

Civil Procedure Code (V of 1908) --- ----Ss.12(2) 115---Revision petition---Failure of court to advert to application for interim relief---Scope assailed interlocutory order passed on an application under S.12(2), C.P.C., whereby notices were issued to respondents---Contention of petitioner was that application for interim relief was filed along with the application under S.12(2), C.P.C., which was not entertained or adverted to by the trial court which amounted to declining the interim relief---Validity---Impugned order did not show that application for interim relief was taken up for hearing before the court which had taken cognizance of the application under S.12(2), C.P.C. was required to show that the application had been taken up for hearing and after applying application of mind the court had either refused the relief or deliberately avoided to pass any order on the same amounting to refusal of interim relief---Revision petition being premature was disposed of with the observation that the petitioner in the first instance may raise the matter of pendency of the application before the trial court. Abdul Razzaq and others v. Muhammad Ajmal Khan PLD 2018 Lah. 491 ref. ORDER MUZAMIL AKHTAR SHABIR, J.---- Office has raised two objections. Objection at Serial No.10, requires the entries of the opening sheet to be typed. The perusal of opening sheet shows that only in the columns of value for purpose of jurisdiction and value for purpose of court fee Nil has been written by pen while other entries are typed, therefore, the said office objection is overruled. As regard objection No. 26 about maintainability of Civil Revision against interim order is concerned, the Office is directed to number the Civil Revision and fix the same for hearing on judicial side for today, where the said objection shall be taken care of. MAIN CASE/C.R.No. 823 of 2020 2. Through this Civil Revision, the petitioner has challenged the order dated 08.09.2020 passed by learned Additional District Judge on application under section 12(2), C.P.C. filed by the petitioner, which is as under:- 08.09.2020 Present: Learned counsel for the petitioner Ch. Muhammad Shahid Iqbal, Advocate. This is…

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