MUJAHIDABAD WELFARE AND DEVELOPMENT ORGANIZATION JUTAL vs PROVINCIAL GOVERNMENT through Chief Secretary Gilgit-Baltistan O — 2022 YLR 565 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 565 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: MUJAHIDABAD WELFARE AND DEVELOPMENT ORGANIZATION JUTAL vs PROVINCIAL GOVERNMENT through Chief Secretary Gilgit-Baltistan O
Subject matter: Civil

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

MUJAHIDABAD WELFARE AND DEVELOPMENT ORGANIZATION JUTAL VS PROVINCIAL GOVERNMENT through Chief Secretary Gilgit-Baltistan O.VII, R.11 & O.XXXIX, Rr. 1, 2---Specific Relief act (I of 1877), Ss.42 & 54---Suit for declaration and injunction---Interim injunction, grant of---Rejection of plaint---Change of site for livestock dispensary---Petitioners/plaintiffs assailed construction of livestock dispensary at the site which was changed by reconstituted site selection committee---Validity---Petitioners/plaintiffs made out prima facie arguable case, balance of convenience was also in their favour and if temporary injunction was not granted in favour of petitioners/ plaintiffs, they would suffer irreparable loss---Trial Court rightly granted temporary injunction in favour of petitioners/plaintiffs and Lower appellate Court failed to apply its judicious mind while setting aside order passed by Trial Court and arrived at wrong conclusion---Lower appellate Court committed material irregularity and illegality while rejecting plaint filed by petitioners/ plaintiffs under O.VII, R.11, C.P.C.---High Court in exercise of revisional jurisdiction set aside order passed by Lower appellate Court and restored that of Trial Court---Revision was allowed accordingly.

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