Case Details

Citation(s)
1971 SLG 311 1971 SLD 311 1971 SCMR 572
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. K-76, K-77, K-78, K-79, K-80, K-34 and K-115 of 1971, decision dated: 17th August 1971
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ

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MASHKOOR KHAN AND OTHERS

VS

PROVINCE OF SIND AND others--Respondents

Law:

Section:

Civil Procedure Code (V of 1908), O. XXXIX, r. 1-Temporary injunction-Suit for declaration and injunction by Government servant in respect of service matters-Prima facie case not made out unless evidence recorded-Court, in circumstance, should refrain from granting temporary injunction Province of West Pakistan v. Malik Asghar Khan Civil Appeal No. K-41 of 1970 ref. Khalid M. Ishaq, Advocate Supreme Court instructed by Shafiq Ahmad, Advocate-on-Record for Petitioners (in C. P. K-76 to K-80 of 1971). S. Nasiruddin, Senior Advocate Supreme Court instructed by V. A. Kidwai, Advocate-on-Record for Petitioner (in C. P. K-34 of 1971). S. H. Rizvi, Advocate Supreme Court instructed by Ahmadullah Faruqi, Advocate-on-Record for Petitioner (in C. P. K-115 of 1971.) Kazi Akhtar Ahmad, Advocate-General Sind & Baluchistan Karachi instructed by Hyder Bakhsh, Advocate-on-Record, for Respondents (in all the Petitions). Date of hearing : 17th August 1971. ORDER WAHEEDUDDIN AHMAD, J.-This order will dispose of Civil Petitions Nos. K-76 to K-80 of 1971, Civil Petitions Nos. K-34 of 1971 and K-115 of 1971 in which common question of law is involved. In Civil Petitions K-76, K-77, K-78 and K-80, the petitioners wise originally Overseers. They were, later on, promoted to the posts of S. D. Os and they have been holding these posts since then until their reversion orders were passed on the 29th December 1970 to their substantive posts. They filed suits for declaration and injunction challenging the orders of their reversion. The trial Court dismissed the application for temporary injunction on the 8th January 1971 and appeals were filed against this order and the learned Additional District Judge, by order dated the 2nd February 1971, accepted the appeals and granted temporary injunction till the decision of the suits. The respondents challenged this order in the High Court of Sind and Baluchistan, Karachi and a learned Single Judge of the High Court, by judgment dated the 24th May 1971, allowed all the revision petitions filed by the respondents and set aside the order of injunction passed by the Additional District Judge, Hyderabad. In Civil Petition No. K-79 of 1971, the…
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