Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.1 & 2---Grant or refusal of injunction/stay application---Three ingredients/essentials were to be considered---Plaintiff not necessarily must have a strong, good prima facie case, but its being an arguable case would be sufficient---Every case is to be decided on its own merits---Injunction/stay application was allowed by the Court after providing opportunity of hearing to the parties. Islamic Republic of Pakistan through Secretary Establishment Division Islamabad and others v. Muhammad Zaman Khan and others 1997 SCMR 1508, Pakistan International Airlines Corporation v. Messrs Hazir (Pvt.) Ltd. and another PLD 1993 Kar. 190 and Firozuddin Ahmed v. Trading Corporation of Pakistan Ltd. 1987 MLD 124 distinguished. (b) Discretion--- ----Authority has to exercise discretion reasonably, fairly, justly and free from discrimination, and mala fide---Public functionaries have to exercise discretionary powers in accordance with law and it cannot depend on their sole will/pick and choose---Discretion must be exercised judiciously and not arbitrarily. (c) Civil procedure Code (V of 1908)--- ----S. 9---Suit against official order---When official order is challenged, civil court is court of ultimate jurisdiction---Even if jurisdiction is barred, civil court can see illegality, and mala fide committed by any forum, tribunal or authority. Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356 and Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner, Khairpur and another PLD 1970 SC 180 ref. Sofia Saeed Shah, Standing Counsel. Khalid Javed for Respondent. ORDER Being aggrieved and dissatisfied with the order dated 20-2-2008 passed by single Judge of this Court in Suit No.1386 of 2007, whereby C.M.A. No.8947 of 2008 was granted and the respondent was allowed to import machinery by the end of March, 2008. Brief facts of the suit are that the plaintiff has been manufacturing non-prohibited bore shot gun cartridge and besides local supplies also exporting the same and earning foreign exchange. However, under letter dated 1-1-2005 N.O.C. was granted by the defendant/appellant for…

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