2008 C L C 793 --Ss. 42 & 54---Civil Procedure Code (V of 1908), - TopicsExpress



          

2008 C L C 793 --Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1, 2 & S.115---Suit for declaration and permanent injunction---Application for grant of ad interim injunction---Plaintiff along with plaint filed application for grant of ad interim injunction, which was granted by the Trial Court and maintained by Appellate Court---Validity--- Ad interim injunction granted to plaintiff under provision of O.XXXIX, R.2(b) C.P.C. had its natural life for six months, unless and until it was extended and that too for reasons to be recorded---Ad interim injunction granted to plaintiff neither had been extended nor any request was made for its extension---Ad interim injunction granted by the Trial Court, in circumstances had automatically expired after lapse of six months---No ad interim injunction was subsisting, revision petition filed by defendant had become infructuous and was disposed of accordingly. Syed Muhammad Shah Jehan Shah and 22 others v. Fazal-ur-Rehman and 45 others 1996 CLC 1572 and Gul Haider v. Dr. Asad Zia 2003 YLR 913 ref.
Posted on: Mon, 29 Jul 2013 14:53:47 +0000

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