| Case ID |
2326f9cf-b8d4-4dd6-973a-baf0875ed2dc |
| Body |
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| Case Number |
F.A.O. 352 of 2013 |
| Decision Date |
Jul 10, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal against the trial court's decision to deny a temporary injunction in a suit for specific performance of a contract. The court found that the plaintiffs had waited 16 years to file the suit and failed to provide the original agreement to sell, raising doubts about the validity of their claims. The court emphasized that to obtain a temporary injunction, the plaintiffs needed to demonstrate a good prima facie case and the potential for irreparable harm, which they did not. Therefore, the trial court's dismissal was upheld, and the appeal was dismissed. |
| Summary |
In this case, the Lahore High Court dealt with an appeal concerning a temporary injunction related to a specific performance suit. The plaintiffs, represented by Gulbaz Amin, claimed a right to a piece of land based on an agreement to sell from 1993. However, they did not present the original document and had delayed action for 16 years, undermining their case. The court held that the plaintiffs failed to satisfy the necessary legal criteria for issuing a temporary injunction. The decision underscores the importance of timely action in legal matters and the necessity of providing credible evidence to support claims of injury. This case serves as a significant reference for similar disputes involving temporary injunctions and specific performance in contract law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHOAIB SAEED, J
|
| Lawyers |
Waris Ali Khokhar
|
| Petitioners |
GULBAZ AMIN
|
| Respondents |
INAYAT BEGUM through Legal Heirs
|
| Citations |
2014 SLD 1140 = 2014 MLD 368
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXXIX, Rr. 1 & 2
|