2013 PLP 781(1) (YLR)
DISTRICT COORDINATION OFFICER, NAROWAL and 6 others — Petitioners Versus Mst. SAIRAN BIBI and 3 others — Respondents
| Citation | 2013 PLP 781(1) (YLR) |
| Forum / Court | Lahore |
| Bench Members | Tariq Javaid, J |
| Parties | DISTRICT COORDINATION OFFICER, NAROWAL and 6 others — Petitioners Versus Mst. SAIRAN BIBI and 3 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2013 PLP 781(1) (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 781(1) (YLR)?
The case was heard and decided by the Lahore bench comprising: Tariq Javaid, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 781(1) (YLR) (DISTRICT COORDINATION OFFICER, NAROWAL and 6 others — Petitioners Versus Mst. SAIRAN BIBI and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tariq Masood for Petitioners.
- Hafeez Saeed Akhtar for Respondents.
Headnotes / Summary
S.42
Petitioner assailed order of Appellate Court that granted interim relief to the respondents
Contention of the petitioner was that observations made in the order of the Appellate Court were damaging and would ultimately affect the merit of petitioner's case
Grievance of petitioner was without substance as observations made in the order of the Appellate Court were tentative in nature and were not based on any evidence; such observations would not affect merits of the case
Revision was dismissed with the observation that Trial Court should not take into consideration the observations made in the order of the Appellate Court and shall decide the suit strictly on basis of evidence on record and law applicable thereto.
Judgment & Decree
TARIQ JAVAID, J.
The petitioner has assailed order dated 26-10-2010 passed by the learned Additional District Judge, Narowal, whereby interim injunction has been granted to the respondents.
2. Suit for declaration claiming that the respondents are owners in possession of 18 shops situated in Abadi Shakargarh District Narowal was filed by the respondents wherein an application for interim relief was also made. The Learned trial Court dismissed the application and appeal was filed. The learned First Appellate Court granted interim relief. The grievance of the petitioner is that observations made in the impugned order by the First appellate Court are damaging which shall ultimately affect the merits of the case.
3. Grievance of the petitioner is without substance inasmuch as that observations made in the impugned order are not based on any evidence; therefore, those are tentative in nature. It is established principle of law that such observations do not affect merits of the case. The learned trial Court shall not taken into consideration the observations made in the impugned order by the First Appellate Court and shall decide the suit strictly on the basis of evidence on record and law applicable to the case. With above direction this petition is dismissed in limine. KMZ/D-2/L Petition dismissed.