Mrs. ZULEKHA vs PROVINCE OF SINDH O — 2023 CLC 954 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 954 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: Mrs. ZULEKHA vs PROVINCE OF SINDH O
Subject matter: Civil
Provisions referred to: 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

Mrs. ZULEKHA VS PROVINCE OF SINDH O.XXXIX, Rr. 1 & 2---Interim injunction---Necessary ingredients---Scope---Three essential ingredients must be present together for a favorable order---Absence of any one of the three ingredients does not warrant grant of injunction---Court at such stage is to make a tentative assessment of the case for enabling itself to see whether three requisites are met or not---Relief of injunction is known to be discretionary and it is to be granted following sound legal principles and ex-debito justiae---Term "prima facie case" is not specifically defined in Civil Procedure Code, 1908, but the consensus is that in order to satisfy about existence of a prima facie case, pleadings must contain facts constituting existence of right of plaintiff and its infringement at the hands of opposite party--- Balance of convenience is that if an injunction is not granted and suit is ultimately decided in favour of plaintiff, the inconvenience caused to plaintiff would be greater than that would be caused to defendant, if the injunction is granted---It is for the plaintiff to show that inconvenience caused to plaintiff would be greater than that which may be caused to defendant---Irreparable loss is held to mean to be the loss, which is incapable of being calculated on the yardstick of money.

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