Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,O.I,r.10

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,O.I,r.10

Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1, 2 & O.1, R.10---Suit for specific performance of agreement---Temporary injunction, application for---Plaintiff also filed an application under O.XXXIX, Rr.1 & 2, C.P.C. for grant of temporary injunction, which was concurrently dismissed by the Trial Court and Appellate Court---Plaintiff earlier filed identical suit on the same cause of action, but plaint in said suit was rejected by the Trial Court as plaintiff failed to submit amended plaint impleading Federal Government which was necessary party---Said order of rejection of plaint was upheld in appeal by Appellate Court and also by the High Court in revision---Plaintiff could not prove that present suit was filed on new cause of action---Property in question remained in the ownership of Federal Government---Trial Court as well as Appellate Court, had rightly declined the grant of temporary injunction to the plaintiff---Counsel for plaintiff being unable to point out any illegality in the impugned orders warranting interference by the High Court in its revisional jurisdiction, orders of both Courts below were upheld and revision petition being devoid of any force, was dismissed. Zafar Iqbal Chohan for Petitioner. ORDER KHALIL AHMAD, J.--- Petitioner filed a suit for possession through specific performance of an agreement against the respondent on 14-12-2005. Along with the suit an application under Order XXXIX, rules 1 and 2, C.P.C. was also filed. 2. The suit as well as the application was contested by the respondent and the learned Civil Judge vide order, dated 3-10-2006 dismissed the application of the petitioner and accepted the application under Order I, rule 10, C.P.C. filed by the contesting respondent. The petitioner filed an appeal against dismissal of the application for temporary injunction which too was dismissed by the learned Additional District Judge, vide order, dated 9-2-2007. Hence this petition. 3. Learned counsel for the petitioner argued that petitioner is in possession of the property in dispute and is entitled to the protection of possession and has relied upon the copies of Khasra…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492