Law: Civil Procedure Code (V of 1908)

Section: 115,O.XXVI,Rr.9,10,O.XXXIXRr.1,2

(a) Administration of justice--- ----Court---Exercise of discretion-Scope---Courts are not obliged to exercise their discretion in favour of those litigants who approach the courts with unclean hands, concealment of facts and dishonest intent. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision petition filed without appending required documents--Said revision petition was allowed by Revisional Court---Legality---Revisional Court mislead itself by not adhering to mandatory requirement of law and authoritative pronouncements of superior courts---Order of Revisional Court was set aside--Constitutional petition was allowed accordingly. 1991 MLD 1774; 1996 CLC 580; 2004 MLD 1107 and 2004 CLC 1229 ref. Mst. Banori v. Jilani through Legal Heirs and others PLD 2010 SC 1186 rel. (c) Civil Procedure Code (V of 1908)--- ----O. XXVI, Rr. 9 & 10 & O. XXXIX Rr. 1 & 2---Objections on report of local commission---Temporary injunction, grant of---Scope---No where was it provided in law that in all eventualities objections filed on report of local commission must be decided before decision on application for grant of temporary injunction. (d) Civil Procedure Code (V of 1908)--- ----O. XXXIX Rr. 1 & 2---Temporary injunction, grant of---Scope---For decision on application for grant of temporary injunction, any applicant was required to establish his prima facie case and other two ingredients of irreparable loss and balance of convenience---Courts were not supposed to seek and establish evidence for any party for decision on application for grant of temporary injunction. THIS JUDGMENT DELIVERED BY: SHAUKAT AZIZ SIDDIQUI, JUSTICE:---.--- Brief facts, glean out from instant writ petition are that, petitioner and respondent No.1 entered into an agreement to construct and complete a portion of House No.4, Luqman Hakeem Road, G-6/3 Islamabad, vide agreement dated 23-12-2010. According to petitioner, some dispute arose betweenthe parties, due to which respondent No.1, without performing his part of agreement of completing the construction work, left premises on 19-7-2011. On 29-7-2011, respondent No.1 filed suit for recovery of Rs.13,23,356 with compound…

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