Case Details

Citation(s)
1997 SLG 718 1997 SLD 718 1997 CLC 864
Lahore High Court
Civil Revision No.2490 of 1996, decision dated: 2-10-1996
MALIK MUHAMMAD QAYYUM, J
Zahid Hussain Khan for Petitioner

UMAR DIN-

VS

AKHTAR BANO

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.XXXIX,. Rr. 1 & 2---Suit for specific performance of agreement and declaration---Temporary injunction granted by Trial Court was withdrawn by Appellate Court on appeal---Validity---Main contention raised by plaintiff was that order of Appellate Court being at variance with that of Trial Court, High Court should interfere; such contention would not oblige High Court to interfere merely for the reason that interim orders of two Courts were at variance. (b) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.l & 2---Dismissal of application for temporary injunction by Appellate Court---Legality---Plaintiff's plea that dismissal of his application for temporary injunction was illegal, was devoid of any force---Appellate Court had noted that despite order passed by Court, plaintiff had failed to produce original agreement, specific performance of which was being sought by plaintiff---Appellate Court had also noted that plaintiff admittedly was occupying land in question as tenant---Such approach of Appellate Court could not be deemed to be arbitrary or capricious so as to justify interference by High Court. Shahzada Muhammad Umar v. Sultan Mahmood Khan and another PLD 1970 SC 139 rel. JUDGMENT This petition under section 115, C.P.C arises out of a suit for specific performance/declaration filed by the petitioner against the respondent. In the said suit the petitioner had moved an application for the grant of temporary injunction which was allowed by the Trial…
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