Case Details

Citation(s)
1992 SLG 899 1992 SLD 899 1992 CLC 1458
Lahore High Court
Civil Revision No. 1866 of 1990, heard on 19th November, 1991
ABDUL MAJID TIWANA, J
Bahadar Ali for Petitioner. Maqbool Alam for
Respondents Nos. 4 to 7

MUHAMWAD SALEEM

VS

HAMID BAIG and others

Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 115, OXXXIX, Rr.l, 2 & 4---Grant of temporary injunction---Vacation of---Trial Court granted temporary injunction in favour of plaintiff/petitioner and Appellate Court disposed of appeal filed by defendant against order of Trial Court without affording plaintiff any opportunity of being heard--­Defendants having consented that they had no objection if appeal was re­heard by Court of competent jurisdiction with participation of both parties, High Court accepting revision set aside order of Appellate Court and remanded appeal to be decided afresh in accordance with law. JUDGMENT This civil revision is directed against the order, dated 14-7-1990/ 14-12-1990 (there is some confusion about the date of order) by which the learned Additional District Judge, Toba Tek Singh, accepting the appeal of Hamid Baig and others, the defendants-respondents, set aside the order dated 14-11-1989 passed by the learned trial Judge on the application of the plaintiff petitioner for temporary injunction restraining his opponents from the order dated 6-2-1989 passed by defendant-respondent No.2 (Superintendent Engineer) sanctioning the enhanced water supplies for garden of respondents Nos.4 to 7 from Outlet No.21795-L Rajbah Tharsana…
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