Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.2

[Civil Procedure Code (V of 1908)]........O. XXXIX, r. 2-Recovery of definite amount-Irreparable injury­ Plaintiff applying nor, temporary injunction to restrain recovery of Rs. 32,520.40 (as excise duty) by Department -- Held, amount definite and injury not irreparable if this money recovered. ORDER This revision petition has assailed the validity of order dated 17-6-1978 passed by the learned Civil Judge Chishtian Camp at Bahawalnagar who had refused to issue a temporary injunction in favour of the petitioner. 2. The brief facts of this case are that the petitioner was served with a notice to pay Rs. 32,520.40 as exist duty of tobacco. He sought the assistance of the learned trial Court for having a declaration that he was not liable to pay this amount as Nizamuddin the person who was actually liable was someone also. He sought a temporary injunction against they respondents restraining the latter from recovering the said amount from him. The grant of temporary injunction was denied to the petitioner and he has filed this civil revision against the said order.…

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