ALAMZAIB KHAN vs KASI BEHRIA TOWN MAIN JINNAH ROAD, QUETTA O — 2023 CLC 2050 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 2050 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: ALAMZAIB KHAN vs KASI BEHRIA TOWN MAIN JINNAH ROAD, QUETTA O
Subject matter: Criminal

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

ALAMZAIB KHAN VS KASI BEHRIA TOWN MAIN JINNAH ROAD, QUETTA O. XXXIX, Rr. 1 & 2---Interim injunction, grant of---Object, purpose and scope---Temporary injection by its nature is a preventive remedy with the object of maintaining status quo and preventing irreparable damage or preserve subject matter of litigation until trial is concluded---In order to succeed in obtaining a temporary injunction, a plaintiff has to establish co-existence of three conditions or ingredients. (i) prima facie case, (ii) possibility of suffering an irreparable loss if temporary injunction is declined and (iii) balance of convenience leaning in his favor---Of such three conditions, existence of prima facie case is foundational and other two conditions are considered once plaintiff establishes a prima facie case in his favor---Words 'prima facie' means 'at first sight' or 'on first impression'---Existence of right of plaintiff is to be adjudged on the first sight on comparative consideration of pleadings of the parties---Court has to form its opinion as to who has a better case after tentatively analyzing rival contention of parties as contained in their pleadings---If Court is satisfied that case of plaintiff is on a better footing and on conclusion of trial relief may be granted to him in all likelihood, then Court can infer that plaintiff has a prima facie case---To ascertain whether a plaintiff has a prima facie case, Court tentatively examines not only pleadings of the parties but their affidavits, counter affidavits and documents appended with plaint and written statement.

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