Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,O.VII,r.11,S.115,115(2)

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,O.VII,r.11,S.115,115(2)

(a) Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.1, 2 & S.115---Civil revision, maintainability---Application for temporary injunction to restrain defendant from getting encashed the guarantee submitted by plaintiff was dismissed---Grant of ad-interim injunction was refused by Appellate Court while appeal against rejection of application for temporary injunction had not been finally adjudicated upon---Civil revision arising out of ad interim order was 'not maintainable for the order in question did not amount to a 'case decided' attracting the provisions of S.115, C.P.C.---Plaintiff failed to point out any irregularity or illegality in exercise of jurisdiction or violation of statutory provisions or principles of natural justice. Ishtiaq Khan v. Administrator/Chairman, Town Committee Shahpur, District Sargodha and another 1998 MLD 615 and Muhammad Swaleh and another v. Messrs United Grain and Fodder Agencies PLD 1964 SC 97 rel.(b) Words and phrases-------`Ad interim' and `temporary'---Distinction and meaning---Word ad interim is distinguishable from word temporary---Ad interim means for the meantime (to make the interim gap) while word temporary means for a certain fixed period. (c) Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction under section 115, C.P.C. primarily intended for correcting errors made by subordinate Courts in exercise of their jurisdiction---Discretionary order of subordinate Courts cannot be interfered with unless found fanciful and arbitrary. Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 rel.Dr. Babar Awan for Petitioner.Rizwan Niaz for Respondents.ORDER MUHAMMAD AKHTAR SHABBIR, J.---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 against the defendants/respondents herein in the Court of Senior Civil Judge, Islamabad. Along with the suit the petitioner filed an application for grant of temporary injunction under Order XXXIX, rules 1 and 2, C.P.C. The defendants/respondents have also filed an application under Order…