| Citation(s) |
|---|
| 1993 SLG 913 1993 SLD 913 1993 CLC 882 |
Sindh High Court
SYED HAIDER ALI PIRZADA, J
NA. Faruqui for Plaintiff. Sohail Muhammad for Defendant No. 1. Syed Iqbal Ahmed for Defendant No. 2
SYED HAIDER ALI PIRZADA, J
NA. Faruqui for Plaintiff. Sohail Muhammad for Defendant No. 1. Syed Iqbal Ahmed for Defendant No. 2
PAKISTAN ENGINEERING CONSULTANTS--PlaintiffvsPAKISTAN INTERNATIONAL AIRLINES CORP. & BCCI and others----DefendantsCOMMISSIONER INLAND REVENUEvsTARIQ MEHMOOD etc
Law:
Section:
(a) Civil Procedure Code (V of 1908)-- ----OXXXM R. 4 & O.IX, R. 9---Court to be guided by the substance of the application---Interim order was confirmed in the absence of defendant and his counsel, there being no appearance by or on behalf of defendant---Defendants' application under O.XXXIX, R.4 for cancellation of order passed in their absence---Effect---Court would be guided by the substance of the application and not by the provisions that were quoted under which such application was filed---Merely because O.XXXIX, R. 4, Civil Procedure Code, 1908 was quoted would not take away jurisdiction of Court to treat the application as one filed under O.IX, R.9, Civil Procedure Code, 1908 and adjudicate the same. PLD 1977 Kar. 101 ref. (b) Practice and Procedure--- ---- Court would be guided by the substance of the application (made before it) and not by the provisions that were quoted under which the application was filed. (c) Civil Procedure Code (V of 1908)--- ----S. 2 (14)---Order passed by judicial authority---Essentials---Any order passed by a judicial authority to which -Civil Procedure Code, 1908, applies should not ordinarily make it an order, without basing it on intelligible grounds or reasons---Where no such data was given for the passing of such order, or same was lacking from the order itself, then the same would cease to be a formal expression of a decision which was the primordial garb to clothe the mandate of a Court with the badge of an order. (d) Civil Procedure Code (V of 1908)-- ----O.XXXIX, Rr. 1 & 2---Grant of ad interim injunction ---Duration--Procedural norms prescribed in O.XXXIX, Rr.l and 2, Civil Procedure Code, 1908, which would entail grant of temporary or ad interim injunction by the Court either until the disposal of the suit or till further orders--Where temporary injunction was granted till the disposal of the suit that by itself indicated that there was a hearing on the subject-matter and both parties were before the Court at or about the time when such, order was passed. (e) Civil Procedure Code (V of 1908)--- ----O.XXXIX, R. 4---Interim order passed by Court being not based on any ground and being non-speaking could be…
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