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Munir Gul vs Jehanzeb Ss — 2024 MLD 1715 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 1715 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Munir Gul vs Jehanzeb Ss
Subject matter
Civil
Provisions referred to
S. 94; S. 151; 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

Munir Gul VS Jehanzeb Ss.8, 12, 42 & 54---Civil Procedure Code (V of 1908), Ss. 94, 151 & O.XXXIX, R.2a---Suit for recovery of possession, specific performance of agreement to sell, declaration and injunction---Interim injunction, non-extending of---Petitioner/Plaintiff was aggrieved of not extending ad-interim injunction by Lower appellate Court---Held, that if one or two adjournments were sought by plaintiff or his counsel, then Court in its discretion could make appropriate orders in circumstances of a particular case---Discretion of Court under S.94 or S.151, C.P.C., could be resorted to only when interest of justice so demanded and Court was convinced that adjournment sought was on genuine cause---Such cause or justification for granting extension ofad-interim injunction should expressly be written in order with a last chance for next date which last chance meant a last chance---High Court in exercise of revisional jurisdiction declined to interfere in the order passed by Lower appellate Court declining to extend ad-interim injunction---Revision was dismissed, in circumstances.

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