Law:

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Civil Procedure Code (V of 1908)-------O.XXXIX, R. 2(b) [added by Civil Laws (Reforms) Act (XIV of 1994)] & S. 115---Procedural law---Amendment---Effect---Amendment in procedural law has to be retrospective----Rule 2(b) of O.XXXIX, C.P.C. as added by Civil Laws (Reforms) Act, 1994 indicates that powers of extending injunction can .be exercised by Court either suo motu or on application of any party interested--- Temporary injunction granted by Trial Court on 1-2-1993 and partially approved by Appellate Court on 11-4-1993, would cease to have effect on expiration of six months, without having been extended by Court---Temporary injunction had thus, ceased to exist---Trial Court, however, would be at liberty to hear concerned parties again and to pass any order deemed fit by it within the contemplation of O.XXXIX, R. 2(b), C.P.C. JUDGMENT The plaintiffs Fazal-ur-Rehman etc. in their suit for declaration of title qua 9225 Kanals, 2 Marlas of land situated in Mauza Jaba, Mansehra, were granted a temporary injunction on 1-2-1993, to the effect that Syed Muhammad Shah Jehan etc. the defendants shall not receive compensation of this land and shall not alienate the same in any manner whatsoever and also shall furnish bond to the effect that the amount of compensation received by them shall be refunded to the plaintiffs, in case the latter succeed. The aforesaid order was partially upheld by the learned District Judge, Mansehra on 11-4-1993 and was confined only to the maintenance of status quo. Defendant has come up in revision. 2. The learned counsel for the petitioner raised a substantial objection to the effect that m view of Rule 2(b) added to Order 39, C.P.C. through Civil Laws (Reforms) Act, 1994, the temporary injunction in the instant case…

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