Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,S.94,151

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,S.94,151

(a) Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.1 & 2---Injunction---Two courts below on basis of report of Local Commissioner made after spot inspection concurrently found that petitioners were not in possession of property in question---Reports of Revenue field staff and legal actions taken by local police further disclosed that petitioners successfully or otherwise attempted to get the possession of suit property for which he had obtained status quo---Injunction, by its nature, is a preventive remedy for purpose of preserving the status quo of the matter of suit pending the determination of suit; it must not create totally a new state of things nor it should be used for restoring status quo ante---No sufficient material was available on record for maintaining status quo or granting injunction---Petitioner had failed to prove the basic three ingredients i.e. prima facie case, balance of convenience and irreparable loss, for granting/seeking injunction/status quo---Two courts below rightly declined the injunction application in circumstances. 1993 MLD 1078; 1984 CLC 3413; 1999 MLD 2583 and 1992 CLC 498 distinguished. PLD 1982 Quetta 134 and 1981 CLC 251 ref. 1989 CLC 2098 and 1994 CLC 146 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2---Temporary injunction---Essentials---Party seeking injunction is required to prove that he has a good prima facie case, balance of convenience lies in his favour and in case injunction is not granted, he will suffer irreparable loss. Johar Ali for Petitioner. Amjad Ali for Respondent No.1. Date of hearing: 30th August, 2005. JUDGMENT SAHIB KHAN, J.---This revision petition has been directed against judgment/order dated 28-5-2005 passed by the learned District Judge, Gilgit whereby, the learned District Judge dismissed the appeal of petitioner/plaintiff by maintaining the order dated 20-12-2004 passed by Civil Judge 1st Class, Gilgit. I have heard the learned counsel for the parties and also have gone through the relevant record of the case. The brief facts as narrated in the case file are that the petitioner instituted a civil suit before the learned Civil Judge, Gilgit for cancellation of…

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