Law:

Section:

Civil Procedure Code (V of 1908)--- ---OXXXIX, Rr.l & 2---Plaintiff had not made out prima facie case for injunction; his case did not fall within ambit of OXXXIX, R.1, Civil Procedure Code, 1908---Provision of R.2 of O.XXXIX, C.P.C. relates to issuance of interim injunction to restrain repetition or continuance of breach, it would not apply when contract had already been completed---If plaintiff had suffered any loss it could be adequately compensated in terms of money---Interim injunction was refused in circumstances. ORDER It is a suit for cancellation of documents, praying for the .following reliefs:- (i) Declare that the defendants 1 and 2 having committed breach of the suit contract while supplying defective goods, are not entitled to the value of the letter of credit (Annexure `C') and in view of the price differential established by survey, laboratory reports and resale the letter of credit be cancelled and from its proceeds the plaintiff, is entitled to obtain corresponding adjustment in the price to the extent of the assessed loss on account whereof the defendants 1 and 2 are only entitled to the value of the goods to the extent of Rs.8,74,125.00 which amount only be remitted from the proceeds of letter of credit and the balance of amount of Rs.8,40,456.00 being plaintiffs entitlement be decreed in favour of the plaintiff by way of money decree against defendants 1 and 2. (ii) A perpetual injunction to issue to defendant No.3 restraining them from paying the total amount covered by the letter of credit No.KAR 86114 and out of the said credit remit only Rs .....and to retain the balance until adjudication of the suit and pending such adjudication the amount be invested in Defence Saving. Certificates of Government of Pakistan and upon final adjudication of the suit to pay up the amount alongwith interest to date to the party found entitled thereto. (iii) Award costs of the suit. (iv) Any other relief which this Honourable Court may deem just and proper in the circumstances of the case:' The above application under Order 39, Rules 1 and 2, C.P.C. arises out of the alleged fact that the goods supplied by defendant No.2 are not according to…

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