SAHIB ZADA DIN MUHAMMAD vs MUHAMMAD ZAMAN O — 2021 CLC 1560 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1560 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: SAHIB ZADA DIN MUHAMMAD vs MUHAMMAD ZAMAN O
Subject matter: Civil
Provisions referred to: Specific Relief Act (I of 1877); Civil Laws Reforms Act; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAHIB ZADA DIN MUHAMMAD VS MUHAMMAD ZAMAN O.XXXIX, Rr.1, 2 & 2-B---Civil Laws (Reforms) Act (XIV of 1994), preamble---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration, partition and permanent injunction ---Interim injunction, ceasing to have effect under R.2-B of O.XXXIX, C.P.C---Scope and object---Civil Court passed restraining order directing the parties to maintain status-quo, which order was upheld by Appellate Court in appeal preferred by the petitioner (defendant)---Held, that Civil Laws Reforms Act, 1994, amended O.XXXIX of the Civil Procedure Code, 1908 , by adding R.2-B, whereby temporary injunction ceased to have effect on expiry of six months---Object of R.2-B, O.XXXIX, C.P.C, 1908, was to expedite the disposal of the cases in which temporary injunction was granted---Object of limit of six months was to put embargo on the power of Court granting temporary injunction for indefinite period---Purpose of said amendment was to discourage the misuse of the interim order for protracting the litigation---After the enactment of said Rule 2-B, the Court while extending the interim injunction shall have to record reasons coupled with reporting of the said extension to the High Court---Record revealed that the interim(status-quo) order , in the present case, passed by the Trial Court and upheld by the Appellate Court, was no more in field as the same had spent out its statutory life---Revision petition was disposed of accordingly.

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