| Case ID |
2257f395-a3f7-4631-92f9-dad81dce2d1b |
| Body |
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| Case Number |
Civil Miscellaneous Appeal No.23 of 1997 |
| Decision Date |
Dec 18, 1997 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the order granting the interim injunction was set aside. The Court found that the plaintiff, Noor Muhammad, failed to prove the essential ingredients for granting an injunction, namely, a prima facie case, balance of convenience, and irreparable loss. The Trial Court had granted the injunction without considering these criteria in their true spirit. The plaintiff's claims regarding a valid contract were not substantiated, and the injunction had prejudiced the interests of a third-party vendee who was not heard in the proceedings. The Court emphasized that the granting of an injunction is discretionary and should not occur if the plaintiff does not demonstrate a prima facie case. |
| Summary |
This case revolves around the appeal filed by Umer Farooque and others against the Province of Sindh regarding the grant of an interim injunction by the Trial Court. The core issue was whether the plaintiff, Noor Muhammad, had established a prima facie case for the injunction. The Sindh High Court found that the plaintiff failed to demonstrate the required elements for granting an injunction, including the existence of a valid contract and the balance of convenience. The Court highlighted that the injunction had been granted without proper consideration of the interests of a third party, Abdul Hameed Qureshi, who had purchased the land in question. This decision underscores the importance of presenting a strong prima facie case in injunction matters and the discretionary nature of such relief. The ruling affirms that the Courts must weigh the evidence and circumstances before granting injunctions, ensuring that justice is served for all parties involved. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan International Airlines Corporation,
Mehran Sugar Mills Ltd.,
M/s. Hazir (Pvt.) Limited,
Sindh Sugar Corporation Ltd.
|
| Judges |
MUHAMMAD ROSHAN ESSANI, J
|
| Lawyers |
Mr. Ghulam Rabbani,
Mr. Jhamat Mal
|
| Petitioners |
,
UMER FAROOQUE
|
| Respondents |
,
PROVINCE OF SINDH through Deputy Commissioner, Hyderabad,
District Attorney, Hyderabad
|
| Citations |
1998 SLD 221 = 1998 CLC 760
|
| Other Citations |
PLD 1993 Kar.190,
(1975) 1 All ER 504,
1975 AC 396,
1995 CLC 707,
1991 CLC 2071,
1991 CLC 734,
1984 CLC 103,
PLD 1956 Kar. 521,
PLD 1990 Lah. 82,
1992 CLC 1288,
PLD 1988 Kar. 401,
1990 MLD 1137,
1994 CLC 1601,
1974 SCMR 519
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
12,
Order XXXIX, Rules 1 & 2
|