Law: Civil Procedure Code (V of 1908)

Section: 1 , 2

  Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.l & 2---Grant of interim injunction---Findings on interlocutory application---Although findings on interlocutory application are not conclusive, yet for grant of interim injunction, Court has to see whether plaintiff has made out a prima facie case in his favour and in order to arrive at such finding, Court can go into and examine pleadings of parties, affidavits of parties and documents placed on record. Khan Imtiaz Ahmed Khan v. Islamic Republic of Pakistan P L D 1983 FSC 2f3; Ismail Dada Adam Soomar v. Shorat Banoo P L D 1960 Kar. 852; Messrs Bawany Violin Textile Mills Ltd. v. Messrs Karachi Gas Co. Ltd. P L D. 1968 Kar. 846 and Hotel Metropole v. Federation of Pakistan P L D 1954 Kar. 61 ref. Benami transaction--- ----Qanun-e-Shahadat (10 of 1984), Art.118---Burden to prove that transaction involved in suit was Benami transaction would be on the plaintiff---Essentials for the discharge of such burden. The burden was on the plaintiff to show that he had a prima facie case existing in his favour to the effect that the transaction involved in the suit was a Benami transaction; and that the plaintiff was the real owner while the defendant was only ostensible owner. In order to substantiate the above, the plaintiff was required to show at least two facts; firstly, that the purchase price was paid by the plaintiff from out of his own resources; and that he had appropriated or had a control over the usufruct of the property in dispute. Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.l & 2---Interim injunction, grant of---Essentials---Three ingredients i.e. whether plaintiff had a prima facie case in his favour; whether balance of convenience was in his favour, and whether he was likely to suffer irreparable loss, were to be taken into consideration for grant of temporary injunction---Material on   record did not show that plaintiff had prima facie case-- Plaintiff was not found entitled to grant of temporary injunction in circumstances. Liaquat Merchant for Plaintiff. Khalid M. Ishaque for Defendant. ORDER This is an application moved on behalf of the plaintiff under Order XXXIX, rules 1…