1991 SCMR 379 SUPREME-COURT

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ABDUL BAQI VS MITHA KHAN Civil Procedure Code --Order XXXIX of C.P.C. Temporary Injunctions and Interlocutory Orders--2 , ----O. XXXIX, Rr 1, 2 & S.12(2)---Constitution of Pakistan (1973), Art.185(3)--- Landlord had filed eviction application against petitioner's brother---After ejectment order had been passed against petitioner's brother viz. one of the respondents, petitioner filed application under S.12(2), Civil Procedure Code, 1908 claiming to be the tenant of suit premises for the last ten years---Petitioner also claimed ad interim injunction against eviction---High Court had pointed out that landlord had filed ejectment application against respondent in 1988; though petitioner had knowledge of those proceedings, he did not submit any application for impleading him as a party to those proceedings---Interim injunction was refused to petitioner in circumstances.