Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXXIX, Rr. 1, 2 & S. 9---Suit---Application for grant of interim injunction---Necessary party---Party in whose absence no effective decree could be passed was necessary party---Persons affected by decree in a suit or interim injunction at the most be treated as proper parties and non-joinder of such parties could never defeat a suit. Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1976 SC 315 ref. (b) Specific Relief Act (I of 1877)--- ----S. 56(d)---Refusal to grant injunction---" Department of the Government---­Connotation---Establishment admittedly an independent entity registered -under Companies Ordinance, 1984 though substantially owned, managed and controlled by the Federal Government, could not be treated as a "department of the Federal Government". Muhammad Rasheed Bhatti v. K.D.A. PLD 1986 Kar. 130 rel. (c) Specific Relief Act (I of 1877)--- ----S. 21(2)---Contract of employment---Suit would be barred only when plaintiff seeks sp6cific performance of his contract of employment---Where, however, the plaintiff had sought relief against action proposed to be taken in violation of law, suit would be maintainable. Gulf Steamship Company v. Dilvash Baloch PLD 1962 Kar. 899; Volkervan (Pakistan Limited) v. Hamid Hussain 1988 MLD 2067; Muhammad Afzal v. House Building Finance Corporation PLD 1976 Kar, 1176; Anwar Hussain v. Agricultural Development Bank of Pakistan PLD 1984 SC 194 and Anisa Rehman v. P.I.A. 1994 SCMR 2232 ref. (d) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration and injunction---If an obligation i.e. a duty enforceable at law is cast on the defendant, plaintiff would be entitled to the relief of a permanent injunction. Anwar Hussain's case PLD 1984 SC 194 and Muhammad Ilyas Hussain v. Cantonment Board, Rawalpindi PLD 1976 SC 785 ref. (e) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration and injunction---Even if the plaintiff cannot be granted a declaration as to his legal character, relief by way of permanent injunction to prevent the breach of an obligation (apart from relief of damages claimed) can always be granted. Muhammad Ilyas Hussain v.…

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