| Case ID |
d7508b47-4cb0-44aa-928b-d8eb73153067 |
| Body |
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| Case Number |
Civil Petition No. 197-R of 1989 |
| Decision Date |
Jun 03, 1989 |
| Hearing Date |
|
| Decision |
The application for ad interim injunction pending the decision of the declaratory suit filed by the petitioner was dismissed by the trial judge on the grounds that the petitioner-plaintiff failed to establish a prima facie case and there was no question of irreparable loss. The appellate court allowed the appeal of the petitioner, but the Lahore High Court restored the trial court's order upon revision. The petitioner sought leave to appeal against this order. The court observed that the petitioner was unable to present any point of law and emphasized that the trial court had considered all legal and factual aspects of the case. The High Court was justified in restoring the trial court's order, particularly since affidavits were filed before the appellate court without giving the respondent a chance to rebut them. Therefore, the petition was dismissed. |
| Summary |
In the case of Civil Petition No. 197-R of 1989, the Supreme Court of Pakistan addressed issues surrounding an application for an ad interim injunction related to a declaratory suit. The trial court initially dismissed the application, citing the petitioner's failure to establish a prima facie case and no possibility of irreparable loss. This dismissal was contested in an appeal, which the Additional District Judge allowed. However, the Lahore High Court later restored the trial court's decision, leading to the petitioner's request for leave to appeal. The Supreme Court found no merit in the petition, affirming the trial court's thorough consideration of all relevant facts and legal principles. The case highlights the importance of establishing a prima facie case in injunction applications and the procedural fairness expected in appellate reviews. Keywords: ad interim injunction, declaratory suit, prima facie case, irreparable loss, Supreme Court of Pakistan, legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
GHULAM MUJADDID,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Izharul Haque, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Maulvi Sirajul Haq, Senior Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
GHULAM BAHU
|
| Respondents |
Mst. MAOSOOD BIBI
|
| Citations |
1990 SLD 666,
1990 SCMR 522
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
OXXXIX, Rr. 1 & 2,
Art. 185(3)
|