Law: Civil Procedure Code (V of 1908)

Section: 11

Civil Procedure Code (V of 1908)--- ----0. XXXIX, Rr.l & 2-B---Civil Law (Reforms) Act (XIV of 1994), S.11-- Temporary injunction, grant of---Temporary injunction granted by two Courts below to plaintiffs in their suit for declaration, had been challenged by defendants/petitioners on ground that temporary injunction granted to plaintiffs had ceased to exist because six months had expired after issuance thereof-- Defendants had referred to S.11 of Civil Laws (Reforms) Act, 1994 in support of their plea---Temporary injunction though was issued much prior to enforcement of Civil Law (Reforms) Act, 1994, yet even if it was considered to be retrospective, Trial Court as per R.2-B which was added in O. XXXIX, Civil Procedure Code, 1908 had extended same after hearing parties again and after recording reasons therefor---Courts below in granting temporary injunction to plaintiff having not committed such material irregularity which should call for interference of High Court in exercise of its revisional jurisdiction, revision petition filed by defendants against concurrent order of Courts below was dismissed. Mian M. Younis Shah for Petitioner. Abdas Samad Khan for Respondent. Date of hearing: 17th December, 1995. JUDGMENT Zubair Ahmed etc. brought a suit for declaration against Haji Shah Alam etc. in which a temporary injunction was confirmed in the trial Court on 25-1-1990 to the effect that no alienation of the suit land would be made till the decision of the suit. Meanwhile a portion of the property was acquired by the Peshawar Development Authority qua which the trial Court issued temporary injunction on 17-1-1993, Subsequently the defendants filed an application that the order, dated 17-1-1993 be withdrawn. The learned Civil Judge Peshawar vide his order, dated 4-12-1993 rejected the application and maintained the order, dated 17-1-1993. Against this the appeal also failed before learned Additional District Judge, Peshawar on 3-10-1994 and hence this revision.   The learned counsel for the petitioners while referring to…