Law: Civil Procedure Code (V of 1908)

Section: 0. XXXIX, Rt. 1 & 2 & S.115

Law: Pakistan Civil Aviation Authority Ordinance, 1982

Section: 5.02(3)

Civil Procedure Code (V of 1908)--

----0. XXXIX, Rt. 1 & 2 & S.115---Civil Aviation Rules, 1978, R.5.02(3)-- Termination of service of petitioner---Prayer for temporary injunction declined by Courts below---Validity of---Three ingredients for grant of temporary injunction viz. prima facie case; balance of convenience; and irreparable injury were considered by Courts below and they came to conclusion that grant of temporary injunction was not warranted---Unless it was found that discretion exercised by Courts below was fanciful or arbitrary, there was no scope for interference in exercise of limited revisional jurisdiction under S.115, Civil Procedure Code, 1908---Courts below having refused to grant injunction in exercise of their discretion and such orders being based on sound judicial principles on facts of the case, no case was made out for interference in exercise of revisional jurisdiction-- Revision was dismissed in circumstances.

Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner, Khairpur and another PLD 1970 SC 180; Muhammad Yakoob v. Health Officer, Municipal Committee, Hyderabad and another 1973 SCMR 184; Sui Gas Transmission Company v. Sui Gas Employees' Union and others 1977 SCMR 220; Province of West Pakistan through the Deputy Commissioner, Hyderabad and another v. Malik Asghar Khan 1971 SCMR 569 and Messrs Usman Textile Mils Ltd., Karachi and another v. Board of Directors, Usman Textile Mils Ltd. and 6 others PLD 1976 Kar. 10 ref.