Law:

Section:

Civil Procedure Code (V of 1908) O. XXXIX, r, 2 Injunction Stay order conditional and granted on terms Held, can be withdrawn on account of non fulfilment of terms of grant. [Injunction]. Nazir Ahmad Shami, Advocate Supreme Court and Inayat Hussain Shah, Advocate on Record for Petitioner. Nemo for Respondent. Date of hearing:17th March, 1980. ORDER NASIM HASAN SHAH, J. The petitioner had filed a second appeal before the Lahore High Court against the order of his ejectment. While admitting the appeal, the High Court granted a stay ad interim on 27th January, 1970, subject to the condition that the petitioner shall continue to deposit the monthly rent which the Rent Controller, on the same terms as earlier ordered by the latter. This order was confirmed on 8th September, 1970. However, the petitioner did not deposit any rent and as such did not fulfil the condition on which the stay order was granted. An application was consequently made by the respondent for vacation of the stay order on the ground that the petitioner had not complied with the terms on which…

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