Law: Civil Procedure Code (V of 1908)

Section:  O. XXXIX, r. 1

(a) Civil Procedure Code (V of 1908)  O. XXXIX, r. 1-Injunction, temporary-Grant of temporary injunction being discretionary, High Court ordinarily does not interfere in revision with exercise of such jurisdiction unless exercised capriciously, without fair, solid and substantial cause or by ignoring judicial considerations.-[Injunction]. (b) Civil Procedure Code (V of 1908)  O. XXXIX, r. 1-Injunction, temporary-Balance of convenience-Court normally not inclined to pass an order disturbing status quo passing of such order, held, would amount to departure from principle that an injunction may not be granted in case balance of convenience lies in not granting such injunc tion-Temporary absence of petitioner from performing his duties on being compulsorily retired, held further, would not subject him to irreparable loss and he could claim compensation and arrears of emoluments for period being illegally prevented from performing his duties.-[Injunction]. (c) Civil Procedure Code (V of 1908)  O. XXXIX, r. 1--Injunction, interim-Order for interim injunction-Rarely issued by Court and same done only in case of grave danger to right of a person or for maintaining status quo Interim injunction, held, cannot be issued for creating a new state prevailing at time of institution of suit.--[Injunction]. Saifur Rehman Kiyani for Petitioner.                                                                                                                         ORDER The appellant Azizur Rehman Kiyani who was employed as Sanitation Officer in the Municipal Committee, Peshawar was retired from service by order dated 15th of December, 1979, made by the Administrator, Municipal Corporation, Peshawar. The retirement purports to have been made under the West Pakistan Local Councils and Municipal Committees Servants (Retirement) Rules, 1966, and the West Pakistan Municipal…