Law:

Section:

(a) West Pakistan Civil Courts Ordinance (11 of 1962)-- ---- S.22 --- Civil Procedure Code (V of 1908), O.VII, R.11 & OXXXIX, Rr. 1 & 2 --- Rejection of plaint and disposal of application for grant of temporary injunction --- Jurisdiction of Appellate Court --- Appellate Court concerned, had been authorised to entertain and dispose of petitions of urgent nature under S.22, West Pakistan Civil Courts Ordinance, 1962 --- Appellate Court was looking after the work of the Additional District Judge who had been transferred and his substitute had not arrived by the date the plaint was rejected and application for grant of temporary injunction was disposed of- -¬ Disposal of application for temporary injunction constituted urgent matter, therefore, Appellate Court was not wrong in deciding appeal relating to application for a temporary injunction --- Examination of maintainability of plaint was a matter of urgent nature within meaning of S.22, West Pakistan Civil Courts Ordinance, 1962, and Duty Judge (Civil Judge or Additional Judge) could look into the question of maintainability of plaint, appeal etc. -- Appellate Court while dealing with the injunction application and thus it rightly rejected plaint under O VII, R. 11, Civil Procedure Code, 1908 --- While order of rejection of plaint and disposal of application for grant of temporary injunction, passed during continuance of urgency did not suffer from any illegality or infirmity. (b) Civil Procedure Code (V of 1908)-- 0. VII, R. 11 & 0. XLI, R. 1 --- Co-plaintiffs being necessary parties in appeal were left out (not impleaded) --- Appeal could be rejected on that score alone. PLD 1982 SC 46 and Muhammad Suleman v. Abdul Rashid and 13 others PLD 1987 Lah. 387. rel. (c) Civil Procedure Code (V of 1908)--- ---- S.2(2) & O.VII, R.11 --- Rejection of plaint is a decree under S.2(2), Civil Procedure Code, 1908. Ghulam Muhammad v. United States Agency for International Development (U.S. Aid) Mission, Islamabad 1986 SCMR 907 rel. (d) Civil Procedure Code (V of 1908)--- ---- S. 96 & O.XLI, R. I --- Memorandum of appeal to be accompanied by the and decree of trial Court --- Copy of decree not filed with…

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