Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.l & 2---Constitution of Pakistan (1973), Art.185(3)--­Interim injunction, grant of---Suit for partition--- Plea of gift raised by defendant---Equal treatment by law---Deceased owner of the suit property had one son and four daughters---Son excluded the daughters from the inheritance on the basis of gift deeds made in his favour---One of the daughters filed a suit for possession through partition and interim injunction was granted by High Court on the statement of the son made in favour of the daughter whereby the son had offered himself not to deal with or sell that part of the property which could fall to the share of the daughter in case the alleged gift deeds were found invalid---High Court had restrained the son from alienating the property to the extent of the share of the daughter---Later on two other daughters also instituted the suit and filed application for interim injunction ---Courts below refused injunction to the plaintiffs--­Validity---Where the Trial Court and the High Court had in the first round of litigation commenced by the other daughter came to the conclusion that the safeguard was required to be provided to one daughter of the deceased owner then denial of the same protection to the other daughters of the same father was not understandable and such denial was unjust--Technicalities of law, if any, involved in the matter, could not be permitted to lead to unfair and unjust conclusions---Son in the present case, had taken a different stance vis­a-vis the other daughters of the same deceased owner---Supreme Court converted the petition into appeal and directed that the protection provided earlier to the daughter to the extent of her Islamic share in the properties left behind by the deceased owner be allowed to the plaintiffs also---Interim injunction was granted. (b) Practice and procedure-- ---- Technicalities of law could not be permitted to lead to unfair and ujust conclusion. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.---This petition prays for grant of leave to the petitioners so as to enable them to impugn a Judgment dated 21-12-2001 passed by the Lahore High Court in F.A.O. No.29…

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