Law:

Section:

(i) Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Power of High Court--Call for record--High Court may call for the record of any case which has been decided by any Court sub-ordinate to such High Court and in which no appeal lies thereto. [P. 284] A (ii) Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXIX, Rr 1 & 2, S. 115--Revision lies--Case decided--In respect of any case "decided" by a Court sub-ordinate to such District Court in which no appeal lies and the amount or value of the subject matter whereof does not exceed the limits of the appellate jurisdiction of the District Court--From the plain reading of S. 115 CPC it is manifestly clear that a revision lies against a "case decided"--Order regarding injunction is covered within the "case decided". [P. 284] B (iii) Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 100 & 115--Appeal pending in lower Court--Revision lies--Appeal is still pending and the revision would be competent if the appeal of the petitioner is accepted or rejected by the Lower Appellate Court. [P. 285] C (iv) Interpretation of Statues-- ----Case decided--"Ad-interim" in nature--The word "ad-interim" is distinguishable than the word "temporary"--"Ad-interim" mean for the meantime while the word "temporary" mean for a certain, fixed period, therefore, refusal of the "ad-interim" injunction would not amount to a case `decided'--Appeal of the petitioner for granting of temporary injunction has not been finally adjudicated upon by the Lower Appellate Court, thus, the provisions of S. 115 CPC is not attracted in the present case. [P. 285] D 1998 MLD 615. (v) Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXIX, Rr 1 & 2, S. 115--Revision--Scope--Revisional power u/S. 115 CPC primarily intended for correcting the errors made by the sub-ordinate Courts in exercise of their jurisdiction and the discretionary order of the subordinate Court cannot be interfered with unless found fanciful or arbitrary. PLD 1970 SC 139, PLD 1964 SC 97. Order Brief facts giving rise to the present revision petition are to the effect that Exceed (SMC-Pvt.) Ltd./plaintiff-petitioner herein had filed a suit for declaration with permanent injunction…

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