| Case ID |
165fabbe-0bb6-45ca-9a7c-34760965bcdc |
| Body |
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| Case Number |
C. R. No. 928 of 2015 |
| Decision Date |
Aug 17, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the trial court's rejection of the plaint while deciding on the application for temporary injunction was unjustified. The appellate court had remanded the case back for a fresh decision after determining that the plaint disclosed a valid cause of action and had not been properly considered under the earlier ruling. The court emphasized that only the contents of the plaint should be examined while deciding on its rejection, and the trial court had failed to adhere to this principle. The decision reiterated the importance of allowing the plaintiff to present evidence before dismissing a case outright, thereby reinforcing procedural justice. |
| Summary |
In the case of C. R. No. 928 of 2015, the Lahore High Court addressed the procedural intricacies surrounding the rejection of a plaint under the Civil Procedure Code. The case involved a petition for declaration filed by respondents challenging certain orders deemed illegal. The trial court had initially dismissed an application for temporary injunction and subsequently rejected the plaint, which led to an appeal. The appellate court found that the trial court had erred by dismissing the plaint without properly considering its contents. The judgment highlighted the critical distinction between evaluating a plaint for rejection and assessing evidence for temporary injunctions. The ruling underscored the necessity for courts to adhere strictly to procedural norms to ensure fair trial rights. This case serves as a pivotal reference for future judgments involving plaint rejections and temporary injunctions, emphasizing the need for judicial diligence and adherence to established legal principles. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
SHAHID MUBEEN, JUSTICE,
KHAWAR JAHANGIR
|
| Lawyers |
Ch. Ihsan Ullah
|
| Petitioners |
|
| Respondents |
AURANGZEB AND 5 OTHERS
|
| Citations |
2016 SLD 2954,
2016 YLR 2418
|
| Other Citations |
Haji Abdul Karim and others v. Messrs Florida Builders (Pvt.) Limited PLD 2012 SC 247,
Jewan and 7 others v. Federation of Pakistan through Secretary, Revenue, Islamabad and 2 others 1994 SCMR 826,
Mushtaq Hussain v. Province of Punjab through Collector Jhelum District and 6 others 2003 MLD 109,
Muhammad Tariq Mahmood and 2 others v. Anjuman Kashmiri Bradari Khisht Faroshan through President Abdul Ashfaq and 21 others 2003 CLC 335,
Mst. Amina v. Muhammad Easa and 11 others 2008 YLR 1405,
Iftikharul Haq v. District Canal Officer and others 2005 CLC 1740
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O. XXXIX, Rr. 1, 2,
O. VII, R. 11,
S. 42
|