Law:

Section:

(a) Canal and Drainage Act (VIII of 1873) O, Appendix 9, para. 9-Provisions do not rule out application of principle of audi alteram partem-Superintending Engineer passing order under para. 9-Notice to be given to all parties affected. (b) Civil Procedure Code (V of 1908), O. XXXIX, r. 1 and Canal and Drainage Act (VIII of 1873), Appendix 9, para. 9--­Superintending Engineer passing order under Appendix 9, para. 9 of Act VIII of 1873 without giving notice to party affected thereby-Declaratory suit against order-Trial Court, held, justified, in circumstance, in granting interim injunction. Abid Hassan Minto, Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 4th October 1971. JUDGMENT HAMOODUR RAHMAN, C. J.---This is a petition for special leave to appeal from an order of a learned Single Judge of the Lahore High Court in an application under section 115 of the Code of Civil Procedure. The parties in this case are sharers of the canal water from Moga No. 220/R of Chak No. 47/BD in Sub-Tehsil Yazman, District Bahawalpur. The present petitioner and the predecessors-in-interest of respondents Nos. 4 to 8, it appears, applied to the Superintending Engineer sometime in 1969 for the supply of additional water for the purposes of a garden. The Superintending Engineer sanction­ed this on the-21st May 1969, and in accordance with it the warabandi was re-fixed by the Divisional Canal Officer on 15-10-1970. The respondents Nos. 1 to 3 being aggrieved by these orders filed a declaratory suit in the Court of the Administrative Civil Judge, Bahawalpur, and also prayed for a permanent injunction. Along with this suit they also made an application for a temporary injunction. The trial Court granted the interim injunction on the 19th December 1970, but in appeal the interim order was set aside by the District Judge of Bahawalpur. From this order respondents Nos. 1 to 3 came to the High Court. The High Court reversed the order of the District Judge and restored that of the trial Court, mainly on the ground that the orders of the Superintend­ing Engineer complained of had been made without giving any…

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