Law:

Section:

(a) Sindh Chief Court Rules (O.S.)-- ----R. 162---Civil Procedure Code (V of 1908), O.VIII, R.6---Counter-claim in addition to right of pleadings---Maintainability---Defendants had set up a counter-claim in addition to their right of pleadings---Such claim could not be supported by the provisions contained in O.VIII, R.6, C.P.C. or as an equitable set off---Where defendants were required to pay court-fee on the counter-claim and same had actually been paid by the defendants, counter-clai--t pleaded in written statement might even be rightly entertained as an independent cross-suit---Prayer of the defendant of counter-claim was maintainable in circumstances. Ahmed Hassan v. Ajab Khan 1988 CLC 1575 rel, (b) Civil Procedure Code (V of 1908)--- ----0. XXXIX. Rr. 1 & 2---Contract Act (IX of 1872), S.202---Interim injunction, grant of---Plaintiffs had filed a suit for recovery, whereas the defendant had set up a counter-claim---Defendant was an agency-holder of the plaintiff and the same was cancelled by the plaintiff and was granted to another person, who was not made a party to the proceedings---Where the defendants had, prima facie, failed to establish any interest in the property being the subject-matter of the suit, the plaintiff could not be restrained from awarding the agency to anyone else, when the specific averment was made that Agency had already been granted to someone else not made party in the suit---Any order touching the interest of the third party was likely to adversely affect the interest of the third party and would violate the principles of natural justice---Defendants having failed to establish prima facie case, interim injunction was declined in circumstances. Naimat Ali v. Jai Ramdas PLD 1983 SC 5; Muhammad Arif Effendi v. Egypt Air 1980 CLC 2199; Muhammad Arif Effendi v. Egypt Air 1980 SCMR 588; Zubair Ahmed v. Pakistan State Oil Ltd. PLD 1987 Kar. 112; Worldwide Trading Company v. Sanyo Electric Trading Company Limited PLD 1986 Kar. 234; Ghee Corporation of Pakistan v. M/s. Ashraf & Sons 1995 MLD 390; M/s. Farooq & Company v. Federation of Pakistan 1996 CLC 2030 and Pakistan Authomobile Corporation Limited v. General Motors…

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