Law: Civil Procedure Code (V of 1908)

Section: S.115,O.XXXIX,R.1,2

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.1, 2 & S. 115---Temporary injunction, grant of---Petitioner had challenged order of Appellate Court in revision whereby order of the Trial Court confirming interim injunction allowed in favour of respondent was maintained---Court of first instance as well as the court of first appeal had rightly found existence of three ingredients for grant of temporary injunction; .viz. prima facie case; balance of convenience and irreparable loss, in the case of respondent---Order of the Trial Court as well as the First Appellate Court contained sustainable reasons to justify grant and maintenance of interim injunction, on the other hand petitioner, had not been able to bring home any requirements provided for interference by High Court under revisional jurisdiction which were exercise of jurisdiction not vested in the courts below or failure on their part to exercise their jurisdiction so vested; or acting in exercise of their jurisdiction illegally or with material irregularity---Mere fact that an order was adverse to the position taken by a party would not justify interference by High Court in revisional jurisdiction---Orders of the courts below did not suffer from any of the said infirmities, revision petition against said orders was dismissed. THIS JUDGMENT DELIVERED BY: NASIM SIKANDAR, J.--- This civil revision seeks to challenge an order of the Additional District Judge, Lahore, dated 28-9-2004 whereby he maintained the order of the Civil Judge 1st Class, Lahore, dated 28-5-2004 conforming interim relief/injunction allowed in favour of respondent No. 1. 2. In the plaint filed before the Civil Court at Lahore on 16-2-2004 respondent No.1, University College of Medicine and Dentistry, Raiwind Road, Lahore, claimed that in response to an advertisement for affiliation published by the defendant/present petitioner, Social Security Hospital, Lahore, they applied for grant of the facility. It was allowed to them in the terms and conditions settled between the parties conveyed to the plaintiff-University through approval letter/agreement, dated 3-7-2002. In terms of the arrangement the plaintiff/respondent No.1 was…

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