Law: Civil Procedure Code (V of 1908)

Section: 1,2

Law: Specific Relief Act, 1877

Section: 42

Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXIX Rr. 1 ,  2--Specific Relief Act, (I of 1877), S. 42--Dismissal of application for grant of interim injunction--Concurrent findings--Suit for declaration--Balance of convenience--Challenge to--Matter in issue is factual in nature which requires recording of evidence of respective parties--petitioner has no prima facie case, as such, balance of convenience and irreparable loss do not tilt in hisfavour--Courts below have rightly turned down request for grant of interim injunction of petitioner--Concurrent findings of facts are against petitioner which do not call for any interference by this Court in absence of any illegality or any other error of jurisdiction--Petition dismissed.  PLD 1970 SC 180, PLD 1980 Lahore 647, 2007 MLD 1710 ref. Malik Zafar Mehboob Langrial, Advocate for Petitioner. Date of hearing: 9.2.2021. ORDER Through this writ petition the petitioner has challenged the order dated 30.1.2021 whereby petitioner’s appeal was dismissed being barred by time. 2. The relevant facts are that the petitioner filed two separate family suits i.e. one for recovery of maintenance allowance and the other for recovery of dowry articles. Both these suits were decided by learned family Court through consolidated judgment dated 21.12.2020. The petitioner being aggrieved filed two separate appeals, however, one appeal (for enhancement of the maintenance allowance) was dismissed being barred by time through impugned order dated 30.1.2021, hence this Constitutional petition. 3. The learned counsel for the petitioner submits that after consolidated judgment dated 21.12.2020, the petitioner applied for the certified copy of the judgment and decree on 26.12.2020 which was received on 15.1.2021 and a single appeal was filed against the consolidated judgment. However, the concerned office did not entertain the appeal and directed the petitioner to file two separate appeals as two separate suits were filed by the petitioner. Submits that petitioner again applied for another certified copy on 15.1.2021; which was received on the same day. However, as father of the counsel for the petitioner…

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