1976 PLP 377 (SCMR)
AJMEER KHAN‑Petitioner Versus Haji WAHID HUSSAIN AND OTHERS ‑Respondents
| Citation | 1976 PLP 377 (SCMR) |
| Forum / Court | ‑‑ O. XXXIX, r. 1‑Injunction, temporary‑Petitioner alter losing his case throughout in all legal forums filing declaratory suit in respect of same matter and requesting for grant of temporary" injunction‑Refusal to issue injunction in circumstances, by trial Court and High Court, held, justified.‑Injunction. |
| Bench Members | Salahuddin Ahmed and Muhammad Gul, JJ |
| Parties | AJMEER KHAN‑Petitioner Versus Haji WAHID HUSSAIN AND OTHERS ‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑ |
Q1: What are the key laws and sections cited in 1976 PLP 377 (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 1976 PLP 377 (SCMR)?
The case was heard and decided by the ‑‑ O. XXXIX, r. 1‑Injunction, temporary‑Petitioner alter losing his case throughout in all legal forums filing declaratory suit in respect of same matter and requesting for grant of temporary" injunction‑Refusal to issue injunction in circumstances, by trial Court and High Court, held, justified.‑Injunction. bench comprising: Salahuddin Ahmed and Muhammad Gul, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP 377 (SCMR) (AJMEER KHAN‑Petitioner Versus Haji WAHID HUSSAIN AND OTHERS ‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Nasim, Advocate Supreme Court instructed by S. Inayat Huasain, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing : 24th November 1975.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, dated the 31st of October 1975, in Civil Revision No. Nil of 1975). ‑‑ O. XXXIX, r. 1‑Injunction, temporary‑Petitioner alter losing his case throughout in all legal forums filing declaratory suit in respect of same matter and requesting for grant of temporary" injunction‑Refusal to issue injunction in circumstances, by trial Court and High Court, held, justified.‑[Injunction].
Judgment & Decree
SALAHUDDIN AHMED, J.‑The petitioner is a local while respondent No. 1 is a claimant displaced person. The dispute between the parties is over a shop which the petitioner claims had been in his possession. The shop, however, was transferred to the respondent on the 23rd of November, 1959. The petitioner's appeal as well as his revision failed. Since then a Permanent Transfer Dead was issued to the respondent on the 20th of march, 1963. The petitioner had also made a miscellaneous application in the year 1963 but it was dismissed. From this order he filed a writ petition which, too, was dismissed. The petitioner', petition for leave to appeal from the order dismissing the writ petition was also refused in the year 1975. The petitioner has now been aggrieved by an order of the High Court refusing to grant him interim injunction in a declaratory suit which he had Bled on the 31st of March, 1975, challenging the transfer of the shop in question. Having regard to the facts and circumstances of the case we think the learned Single Judge of the High Court was right in refusing to grant an interim injunction. The trial Court had originally refused to Bran the interim injunction. We do not think this is a fit case to interfere with the order of the High Court. The petition is, accordingly, dismissed. Petition dismissed.