Law: Civil Procedure Code (V of 1908)

Section: 1 & 2 & O.XLIII R. 1(r)

Law: Specific Relief Act (I of 1877)

Section: 42 & 55

PLJ 2026 Islamabad 1 . Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXIX Rr. 1 & 2 & O.XLIII R. 1(r)--Specific Relief Act, 1877 (I of 1877), Ss. 42 & 55--Application for temporary injunction--Dismissed--Sine qua adjournment--Application to wafaqi mohtisab--Refer to Chairman EDBBM--Directed to deliver vehicle with compensation--Ad-interim injunction vacated--Remand--To-- Suit for declaration mandatory & permanent injunction-- Vehicle booking--Cancellation--Price revision--Non-payment refund cheque--Non collection--It is a fundamental principle of law that no person could be left remediless--When an administrative order affects civil rights and is alleged to be passed without jurisdiction, remedy of filing a civil suit cannot be denied--It is a well-accepted principle that while deciding an application under Order XXXIX Rules 1 & 2, CPC, Court is bound to assess whether applicant had established: (i) a prima facie case, (ii) balance of convenience in its favour, and (iii) likelihood of suffering irreparable loss in absence of interim protection--It was reiterated that pendency of proceedings before one forum did not automatically bar another competent forum from exercising its lawful jurisdiction--Trial Court’s approach, therefore, was contrary to settled law and could not be sustained--Once original order stands challenged before Civil Court of plenary jurisdiction, it would neither be appropriate nor proper for this Court to simultaneously exercise its constitutional jurisdiction for implementation of same order--Entertaining this writ petition in parallel would not only lead to conflicting findings, but also amount to bypassing jurisdiction of civil Court which is already seized of matter--Petitioner, had an efficacious remedy to rights by way of opposition to application for injunction and thereafter proceed in accordance with law--Appeal allowed.…