Law:

Section:

(a) Civil Procedure Code (V of 1908)-- ---O.XXXIX, Rr. 1 & 2--Interim relief--Ingredients embodied in O.XXXIX, Rr.l & 2, C.P.C. elaborated--Where any of ingredients was not fulfilled, prayer for interim relief, held, could not be honoured. (b) North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S.4--Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2-­Temporary Injunction--Appellant making application for suspension of order of recovery passed against him--Service Tribunal guided by principles enunciated in O.XXXIX, Rr.1 & 2, C.P.C. yet appellant was bound to prove that provisions of O.XXXIX, Rr.1 & 2, C.P.C. were attracted to facts of each case--Tribunal observing that if appellant succeeded in his appeal which was pending, then humiliation suffered by him on account of his detention in consequence of non-­payment could not be made good of--Temporary injunction granted in circumstances. Adam Khan for Appellant. Sher Muhammad Khan for Respondents. ORDER Appellant filed an application for suspension of order No.,'1673/A-1/AD (Accounts) /dated Peshawar, 25-9-1986 addressed to Deputy Commissioner/ Collector, Mardan vide which, the Collector, Mardan was requested to recover the Government amount worth Rs.2,50,811.21 through Tehsildar; Mardan. While dealing with such like questions principle embodied in Order XXXIX rules 1 and 2, C.P.C. is to be looked into. A person who seeks the Assistance of the Court/Tribunal is bound to prove that he has got a good prima facie case in his favour, that he will suffer an irreparable loss if the act complained of is not stopped and finally the balance of inconvenience if the impugned order is acted upon. If any of the above ingredients is not fulfilled, in that case, the prayer cannot be honoured. Coming to the facts of the case, counsel for the appellant argued that criminal proceedings against the appellant were withdrawn under section 169 Cr.P.C., his…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492