1987 PLP 694 (SCMR)
ABDUL HAMID represented by Legal Heirs and others‑‑Petitioners Versus MUHAMMAD ZUBAIR and others‑‑Respondents
| Citation | 1987 PLP 694 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ |
| Parties | ABDUL HAMID represented by Legal Heirs and others‑‑Petitioners Versus MUHAMMAD ZUBAIR and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 694 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 694 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 694 (SCMR) (ABDUL HAMID represented by Legal Heirs and others‑‑Petitioners Versus MUHAMMAD ZUBAIR and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Muhammad Farooq, Advocate Supreme Court and S. Inayat Hussain Shah (absent), Advocate‑on‑Record for Petitioners.
- Ch. M. Arif, Senior Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑on‑Record for Respondents.
- Date of hearing: 9th February, 1987.
Headnotes / Summary
(From the Judgment of the Lahore High Court, Lahore, dated 23‑12‑1979 in Civil Revision No. 300 of 1978). ‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), O. XXXIX, R.2‑ Temporary injunction‑‑Suit pending before Trial Court and decision held up due to summoning of record by High Court in connection with revision petition‑‑Petitioner not found to have been vigilant regarding progress of suit‑‑No justification found for interference with impugned order of High Court passed in matter of grant of temporary injunction during pendency of civil suit‑‑Leave to appeal refused.
Judgment & Decree
Ch. M. Arif, Senior Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑on‑Record for Respondents. Date of hearing: 9th February, 1987. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought from judgment dated 23‑12‑1979 of the Lahore High Court; whereby petitioners' civil revision, arising out of the refusal of their request for temporary injunction in a civil suit filed by them. wherein complaint was made of nuisance, was partly allowed. The respondents were directed not to run their factory the source of alleged nuisance, during the night after the sunset time. When questioned as to why their suit has not yet been decided, learned counsel for the petitioner expressed his ignorance. The learned counsel for the respondents /caveators, however, explained that the record of the trial Court having been summoned in the High Court in connection with the Revision Petition had not been returned. On further consultation in Court, the learned counsel for the petitioners then confirmed that the record had been summoned in the High Court, he had no knowledge about its further movement. It appears that the petitioners have not been vigilant in so far as the progress of the suit is concerned. They should have made an application to the trial Court for early disposal of the suit after) requesting for the return of the record. Be that as it may, in the circumstances of the case, we do not find any justification for interference with the impugned order of the High Court passed in the matter of grant of temporary injunction during the pendency of the civil suit. It is, however, observed that nothing in this order or in the impugned order shall adversely affect the case of either party before the trial Court. It is further observed that the petitioners shall make application/s for the return of the record to the trial Court as soon as possible. The trial Court would dispose of the suit within six months after the receipt of the record. This petition accordingly, is dismissed. S.O./A‑12/S Petition dismissed.