| Case ID |
39df9ad2-7fc3-4ebf-b57e-542986a079c0 |
| Body |
View case body. Login to View |
| Case Number |
F.A.O. No. 73598 of 2021 |
| Decision Date |
Feb 15, 2022 |
| Hearing Date |
Feb 10, 2022 |
| Decision |
The Lahore High Court dismissed the appeal filed by the appellants seeking an interim injunction against the clause 12 of the Partnership Deed. The court found that the appellants had failed to establish the necessary elements for granting a temporary injunction, specifically the existence of a prima facie case, balance of inconvenience in their favor, and the potential for irreparable loss. The court emphasized that the validity of the clause in question should be determined by the trial court after considering the evidence presented by both parties. The court noted that mere monetary loss does not constitute irreparable loss and that the trial court had not committed any illegality in its decision to deny the injunction. The case was referred back for further proceedings with directions to expedite the resolution of the main suit. |
| Summary |
This case revolves around the dissolution of a partnership following the death of a partner and the interpretation of a specific clause in the Partnership Deed that purportedly allows the partnership to continue despite such a death. The appellants sought a temporary injunction to prevent actions by the respondents, claiming that clause 12 of the Partnership Deed was contrary to Islamic injunctions. The Lahore High Court, however, ruled that the trial court's dismissal of the injunction application was appropriate as the appellants did not adequately demonstrate the prerequisites for such relief. The court reiterated that the trial court should assess the validity of the clause based on the evidence, and that financial loss, in this context, is not irreparable. The decision underscores the legal principles governing partnerships, the requirements for granting temporary injunctions, and the importance of thorough judicial examination of partnership agreements in light of applicable laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shujaat Ali Khan, J
|
| Lawyers |
Hafeez ur Rehman Ch.,
Noor Dad Chaudhry,
Rana Shamshad Khan,
Ms. Rashida Batool,
Malik Shahbaz Ahmad,
Barrister Osama Ahmad
|
| Petitioners |
Rabeah Hussain and 3 others
|
| Respondents |
Nusrat Aftab and 6 others
|
| Citations |
2024 SLD 155,
2024 CLD 100
|
| Other Citations |
Islamic Republic of Pakistan through Secretary, Establishment Division, Islamabad and others v. Muhammad Zaman Khan and others 1997 SCMR 1508,
Khan Muhammad Niazi v. Messrs Habib Bank Ltd. Assistant Vice-President and Incharge Vigilance Team, President s Secretariat, Habib Bank Annex, Head Office, Karachi and 3 others 1997 MLD 1304,
Messrs United Bank Ltd. v. Messrs Iftikhar and Company and 6 others PLD 1990 Lah. 111,
Iftikhar Siddiqui v. Clifton Cantonment Board and others PLD 1998 Kar. 373,
Atif Mehmood Kiyani and another v. Messrs Sukh Chayn Private Limited, Royal Plaza, Blue Area, Islamabad and another 2021 SCMR 1446,
M.S.V. Narayanan Chettiar v. M.S.M. Umayal Achi AIR 1959 Madras 283,
Muhammad Ashraf Khan v. Abdul Qadar and 3 others 1995 SCMR 296,
Commissioner of Income-Tax v. Ganeshi Lal and Sons 2000 PTD 677,
Messrs Eastern Medical Technology Services v. Province of Punjab and others PLD 2019 Lah. 395,
Bolan Beverages (Pvt.) Ltd. v. PEPSICO Inc. and 4 others 2004 CLD 1530,
Irshad Hussain v. Province of Punjab and others PLD 2003 SC 344,
Mrs. Khalida Azhar v. Rustam Ali Bakhshi and others 2007 CLC 339
|
| Laws Involved |
Partnership Act, 1932,
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
42,
1,
2,
39,
42,
54
|