Law:

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Civil Procedure Code (V of 1908)--O.XXXIX, R;.1, 2 & S.151---Application for grant of temporary injunction---Non-disclosure of the attending facts and circumstances in relation to an earlier suit relating to the same subject-matter as also claiming the very relief which had been prayed for in the fresh suit---Effect---High Court was justified in refusing to reverse the /order of the Lower Appellate Court wherein the relief was refused. Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court with Mahmood A. Qure$hi, Advocate-on-Record for Petitioners. Nemo for Respondents. . Date of hearing: 1st December, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---Challenge in this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 has been made to the judgment, dated 16-11-1999 passed by a learned Judge in Chambers of the Lahore High Court, Multan Bench, Multan whereby the above Civil Revision was dismissed observing that the order impugned therein i.e. order, dated 21-3-1997 of the lower Appellate Court reversing the grant of interim relief by the trial Court on 2-12-1996, was in order. The result was that the temporary injunction granted by the Trial Court was vacated. 2. It appears that the grounds for vacating the temporary injunction in the litigation pending before the trial Court between the parties in relation to the suit-land measuring 101 Kanals, 19 Marlas situated in Chak No.214-RB, Tehsil and District Vehari had preceded by the dismissal of an earlier suit of the petitioners up to the Appellate Court, which facts were not disclosed by the plaintiffs/petitioners in their present suit. In the High Court, it was 'confirmed' by their learned counsel ".... that neither the suit was disclosed in the…

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