PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

RABEAH HUSSAIN vs NUSRAT AFTAB S — 2024 CLD 100 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLD 100 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLD
Parties
RABEAH HUSSAIN vs NUSRAT AFTAB S
Subject matter
Civil
Provisions referred to
S. 42---C; Civil Procedure Code (V of 1908)

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

RABEAH HUSSAIN VS NUSRAT AFTAB S. 42---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 39, 42 & 54---Suit for declaration, rendition of account, permanent injunction and recovery---Dissolution of partnership---Death of a partner---Interim injunction, refusal of---Scope---Plaintiff claimed that cl. 12 of the Partnership Deed was against the injunction of Islam as a partnership could not continue in the event of death of a partner---Validity---Plaintiffs on the ground that cl. 12 of the Partnership Deed was against injunctions of Islam were not entitled for interim relief on the said ground alone as it was to be decided by Trial Court after thrashing evidence of the parties, as to whether cl. 12 was valid or not, thus, no opinion could be rendered by the Court in that regard---allegedly, in case the appeal was not accepted the plaintiffs would suffer irreparable loss, however monetary loss did not constitute irreparable loss rather in case a party was found entitled to any fiscal benefit, at the time of final adjudication of the matter, the Court would be empowered to order in that regard but no relief could be granted under O. XXXIX, Rr. 1 & 2, C.P.C.---Three ingredients i.e. prima-facie case, balance of inconvenience in favour of the plaintiff and irreparable loss must exist for grant of temporary injunction, which were missing in the case of the plaintiffs---Trial Court had committed no illegality while declining application of grant of temporary injunction--- appeal was dismissed, in circumstances.

Other judgments reported in 2024 CLD

Back to the case-law library · Search Pakistani case law in Urdu or English