Law: Civil Procedure Code (V of 1908)

Section: OrderXXXIX,Rule4,1,2,151,Order47,Rule1

Civil Procedure Code (V of 1908)--- ----0 XXXIX, Rr. & 4---Order granting and confirming interim injunction---Recalling of such order---Earlier order whereby interim injunction was granted to applicant and subsequent order whereby said interim injunction was confirmed, were passed without considering merits of the case---Applicant in whose favour order confirming interim injunction was passed had not averred that after said order certain developments had taken place whereby said order could not be undone---In case order confirming interim injunction was recalled, no retracing steps would have to be taken---Interest of justice demanded that application filed under O.XXXIX, Rr.l & 2, C.P.C. for grant of interim injunction be decided on merits after hearing both the parties----Order whereby interim injunction was confirmed was recalled, with direction that order granting interim injunction would continue till final disposal of application filed for grant of interim injunction under O.XXXIX, Rr. 1 & 2, C.P.C. Pakistan v. K.D.A. 1988 MLD 2668; Muhammad Yousuf v. Mst. Sabira A. Muhammad and others 1990 CLC 1127 and Chaudhry Zahoor Illahi, M.N. A. v. The State PLD 1977 SC 273 ref. ORDER This is an application filed by defendant No.1 under Order XXXIX, Rule 4, C.P.C. read with section 151, C.P.C. for recalling the orders dated 18-8-1998 and 9-10-1996 passed on C.M.A. No.4767 of 1996. 2. Alongwith the main suit the plaintiff filed C.M.A. No.4767 of 1996 under Order XXXIX, Rule 1 and 2, C.P.C. with the following prayer:-- "It is respectfully prayed on behalf of the plaintiff that this Hon'ble Court may be pleased to issue interim. injunction restraining the defendant No. 1, his agents, attorneys, legal representatives, assigns, executors and any person or persons acting for and on his behalf, from enforcing the payment of (a) Cheque No.CB418849 for Rs.4,14,926, (b) Cheque No.CB421692, dated 5-8-1996 for Rs.75,000, (c) Cheque No.CB421693, dated 5-9-1996 for Rs.1,00,000, (d) Cheque No.CB 421694 dated 5-10-1996 for Rs.1,00,000, (e) Cheque No.CB4,21695, dated 5-11-1996 for Rs.1,40,000 all drawn on H. B. L., Central Branch and also from enforcing the alleged…

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