Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), S.12(2), 151 & O.IX, R.13---Suit for specific performance---Trial Court dismissed the suit while Appellate Court accepted the appeal and decreed the suit ex parte---Revision filed by the defendant failed and petition for leave to appeal was also dismissed by the Supreme Court---Defendant, after first round of litigation, filed application under S.12(2) read with O.IX, R.13, C.P.C. for setting aside the ex parte decree---Defendant also moved an application under S.151, C.P.C. for suspension of decree but said application was dismissed---Defendant/petitioner contended that grant of interim relief was the natural consequence where the court had come to the conclusion that there was a prima facie case---Validity---Application of defendant under S.12(2) read with O.IX, R.13, C.P.C. was pending in the lower Appellate Court which would be recording evidence after framing of issues---Lower Appellate Court had found that the defendant was not faced with irreparable loss---Matter related to immovable property and defendant was not altogether non-suited insofar as her application under S.12(2), C.P.C. had been entertained by the lower Appellate Court---Interim relief through grant of interim injunction needed fulfilment of three requirements viz. prima facie case, irreparable loss and the balance of inconvenience---Defendant had failed in several fora up to the Supreme Court, therefore, to deprive plaintiffs of fruits of the decree would cause more inconvenience to them rather than defendants---Even otherwise, if defendant succeeded he would be entitled to recover the immovable property which was not in the danger of being changed---Appellate Court did not commit any illegality or material irregularity warranting exercise of revisional jurisdiction of High Court---Petition was dismissed accordingly. ORDER IJAZ-UL-AHSAN, J.---This petition arises out of an order dated 2-4-2008 passed by a learned Addl. District Judge, Arifwala. Through the said order, the learned court dismissed an application under section 151, C.P.C. moved by the petitioner together with an application under section…

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