Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revision petition---Scope---Continuance of criminal proceedings side by side with civil proceedings---Propriety---Continuance of criminal proceedings side by side with civil proceedings, would not advance cause of justice---Where Civil Court had taken cognizance and was deciding same issue, filing of private complaint and pendency of same before Trial Court was abuse of process of law---When case was purely of civil nature, criminal proceedings were not warranted in law and would be stayed till final disposal of civil suit---Impugned order being flawless and hardly calling for interference of High Court in its revisional jurisdiction under S.115, C.P.C., revision petition against impugned order was dismissed. Mst. Bismillah v. Pervez Subhani and another 1982 PCr.LJ 93; Javaid Hamid v. Hassan Jan and 2 others PLD 1991 Pesh. 121; Muhammad Bashir v. Fazal Hussain and 2 others 2002 PCr.LJ 513; A-Habib Ahmad v. M.K.G. Scott Cristian and 5 others PLD 1992 SC 53 and Ch. Pervez Elahi v. The Federation of Pakistan and 3 others 1995 MLD 615 ref. Muhammad Yousaf Khan Yousafzai, for Petitioners. Abdul Latif Afridi for Respondents. Date of hearing: 17th June, 2005. JUDGMENT Dilawar Khan, plaintiff instituted suit in the Court of Senior Civil Judge/Aala Illaqa Qazi, Swat against Rahmat Ali and others, defendants praying for grant of permanent injunction restraining defendant No. 1 from demanding/recovering an amount of Rs.1,14,000 from the plaintiff. The suit was accompanied by an application duly supported by an affidavit for issuance of temporary injunction, in the above lines. The application was resisted and stay order issued earlier was recalled by learned, trial Judge through his order, dated 15-9-2004. An appeal was preferred thereagainst which was accepted, by learned Additional District Judge/Izafi Zilla Qazi, Swat by his order dated 6-11-2004. The order of the trial Court was set aside and temporary injunction was issued in the matter. 2. The petitioner has called in question the impugned order, dated 6-11-2004 by way of filing instant civil revision under section 115 of the Code of Civil Procedure Act No.V of 1908.…

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