| Case ID |
08e014dd-08e1-49d8-82e4-5f7937f50d6d |
| Body |
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| Case Number |
Civil Revision No. 2540 of 2012 |
| Decision Date |
Oct 12, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision filed by the petitioners against the refusal of an interim injunction by the learned Additional District Judge, Gujranwala. The court found that the petitioners had delayed their action for seven years, which cast doubt on their bona fides in seeking relief. The court emphasized that a party must approach the court without delay to show vigilance in seeking an injunction. The petitioners failed to establish a prima facie case for the grant of a temporary injunction, leading to the dismissal of their petition. |
| Summary |
This case revolves around a civil revision filed by the petitioners, Rasool Bibi and others, against the refusal of an interim injunction regarding a suit for specific performance of an agreement to sell immovable property. The court highlighted the importance of timely action in legal proceedings, especially when seeking a temporary injunction. The petitioners had delayed their application for seven years, which ultimately led to the court's decision to dismiss their petition. The ruling emphasizes the necessity for parties to demonstrate vigilance and bona fides when approaching the court for relief. Key legal principles from the Civil Procedure Code and Specific Relief Act were applied in the judgment, underscoring the procedural diligence required in civil litigation. This case serves as a critical reference for future litigants regarding the consequences of inaction and delay in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID WAHEED, J
|
| Lawyers |
Ch. Jamil Ahmad Sandhu,
Sardar Muhammad Khalil
|
| Petitioners |
RASOOL BIBI and others
|
| Respondents |
ZENAB BIBI and others
|
| Citations |
2013 SLD 2556,
2013 YLR 1121
|
| Other Citations |
M. Y. Corporation (Pvt.) Ltd. v. Messrs Ram Developers and 2 others PLD 2003 Kar. 222
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O. XXXIX, R. 1 & 2,
S. 12
|