| Citation(s) |
|---|
| 2000 SLG 608 2000 SLD 608 2000 MLD 1755 |
Lahore High Court
First Appeal from Order No. 91 of 1998, heard on 02-06-1999.
MIAN SAQIB NISAR, JUSTICE
Muhammad Younus Bhatti for Appellant. Ibad-ur-Rehman Lodhi for
Respondents.
First Appeal from Order No. 91 of 1998, heard on 02-06-1999.
MIAN SAQIB NISAR, JUSTICE
Muhammad Younus Bhatti for Appellant. Ibad-ur-Rehman Lodhi for
Respondents.
RAJA TALAT MEHMOOD
VS
ISMAT EHTISHAMULHAQ
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----OXXXIX, Rr. 1, 2(3), 2-A & O.XLI, R.1---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for specific performance and permanent injunction---Violation of interim order---Consequence---Defendant, having been found guilty of violating interim order granted in favour of plaintiff was directed to restore vacant possession of suit property to plaintiff---Defendant who had challenged said order had contended that under provisions of R.2-A of O.XXXIX, C.P.C. an ad interim injunction could only be granted for 15 days and it could be extended under proviso to R.2-A of OXXXIX, C.P.C. if conditions laid down therein were fulfilled and where no extension was subsequently granted by Court, order granting ad interim order had become inoperative and ineffective on lapse of 15 days---Validity---Contention was repelled because provisions of R.2-A of OXXXIX, C.P.C. were not mandatory, but had only provided guideline to the Court not to grant ad interim injunction "ordinarily" exceeding 15 days---Court had power to extend ad interim order if defendant had not been served and failure in that behalf was not attributed to plaintiff or when defendant had sought time for defence of application for injunction---Ad interim injunction granted per se would not lapse after expiry of fifteen days---Only requirement of law was that Court should extend such injunction, but if Court would not by any specific order grant extension of ad interim order earlier passed, it would be presumed that extension had been granted. Samir Oosman and 2 others v. Rex Talkies (Pvt.) Ltd. PLD 1997 Kar. 579 and I & G Investment Trust v. Raja of Khatikot AIR 1952 Cal. 519 ref. (b) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1, 2(3) & 2-A---Grant of interim injunction--Violation- Defendant, who was proceeded against for violation of interim injunction granted to plaintiff, had alleged that order of injunction being vague and general in nature, no contempt could be pressed thereupon against him-- Contention of defendant was repelled because status quo/interim order was to be interpreted in terms of injunction application filed by plaintiff--…
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