1999 PLP 2267 (SCMR)
MUHAMMAD ASLAM — Petitioner Versus MUHAMMAD KHAN and another — Respondents
| Citation | 1999 PLP 2267 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Ch. Muhammad Arif, JJ |
| Parties | MUHAMMAD ASLAM — Petitioner Versus MUHAMMAD KHAN and another — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1999 PLP 2267 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2267 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2267 (SCMR) (MUHAMMAD ASLAM — Petitioner Versus MUHAMMAD KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nasim Sabir Chaudhry, Bar-at-Law/Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 9th July, 1998.
Headnotes / Summary
(On appeal from the order dated 6-2-1998 passed by the Lahore High Court, Lahore in F.A.O. No.2 of 1998).
O. XXXIX, Rr. 1 & 2
Constitution of Pakistan (1973), Art. 185(3)-- Interim injunction, grant of
Contention of petitioner was that he had been refused interim injunction without considering that he was in possession of land in dispute in terms of oral agreement
High Court had specifically made mention to the availability of a chance to petitioner to lead evidence he wanted to, during trial of suit
Oral agreement claimed by petitioner having been denied by other side, prima facie case for temporary injunction did dot exist
Court below did not commit any error in rejecting application under O. XXXIX, Rr. 1 & 2, C.P.C.
Petition for leave to appeal against judgment of High Court was liable to be dismissed in circumstances.
Judgment & Decree
O. XXXIX, Rr. 1 & 2
Constitution of Pakistan (1973), Art. 185(3)-- Interim injunction, grant of
Contention of petitioner was that he had been refused interim injunction without considering that he was in possession of land in dispute in terms of oral agreement
High Court had specifically made mention to the availability of a chance to petitioner to lead evidence he wanted to, during trial of suit
Oral agreement claimed by petitioner having been denied by other side, prima facie case for temporary injunction did dot exist
Court below did not commit any error in rejecting application under O. XXXIX, Rr. 1 & 2, C.P.C.
Petition for leave to appeal against judgment of High Court was liable to be dismissed in circumstances. Nasim Sabir Chaudhry, Bar-at-Law/Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 9th July, 1998. The sole grievance of the petitioner is that he has not been allowed the interim injunction without considering the plea that he is in possession of the disputed land in terms of the oral agreement.
2. However, it is not denied that the learned Judge in Chambers of the Lahore High Court, Lahore has specifically made a mention to the availability of a chance to the petitioner to lead whatsoever evidence he wants to, during the trial of the suit. It was also rightly held that the oral agreement claimed by the appellant having been denied by the other side, there did not exist any prima facie case for temporary injunction and in these circumstances, the learned Court below did not commit any error in rejecting the application under order 39 Rules 1 and 2 of C.P.C."
3. The instant petition is sans merit and liable to be dismissed. Order accordingly. Leave is refused. H.B.T./M-251/S Petition dismissed.