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Before Ajmal Mian, J
SHAHNAWAZ LTD.‑Petitioner
versus
KHWAJA AUTO CARS LTD., KARACHI AND ANOTHER Respondents
Miscellaneous Application No. 2461 of 1978 in Miscellaneous Appli cation No. 27 of 1977, decided on 9th August 1978.
(a) Patents and Designs Act (II of 1911)‑
‑ S. 51‑A read with Civil Procedure Code (V of 1908), S. 151 Interlocutory relief‑Grant of‑High Court possesses power to grant an interlocutory relief in appropriate case as being ancillary and incidental to its power to grant final relief under S. 51‑A of Act‑Such power, however, to be exercised rarely.‑[Interlocutory relief].
Notwithstanding that there is no express provision in the Patents and Designs Act, 1911 empowering High Court to grant an interlocutory relief, this Court does possess the power to grant an interlocutory relief in an appropriate case, as the same is ancillary and incidental to the power to grant final relief and is possessed of this Court by implication in order to exercise its power under section 51‑A of the Act more effectively in accordance with the dictates of justice and reason. But this power is to be exercised rarely.
Syed Sardar Shah Bokhari v. The Chief Justice and Judges of the High Court of West Pakistan P L D 1965 S C 479 ; Commissioner, Khairpur Division. Khairpur and another v. Ali Sher Sarki P L D 1971 S C 242 ; Sind Employees' Social Security Institution and another v. Adamjee Cotton Mills Ltd. P L D 1975 S C 32 ; Falchul Mominin Trust v. Abdullah P L D 1970 Kar. 1179 ; Zafar Iqbal v. Province of Sind P L D 1973 Kar. 383 and Muhammad Ikram v. C. A.
Saeed. Deputy Commissioner and Election Tribunal, Gujrat P L D 1965 Lah. 703 ref.
(b) Civil Procedure Code (V of 1908
‑ O. XXXIX, rr. 1 & 2‑Interlocutory relief‑Granted normally to maintain status quo of situation obtaining prior to filing of legal pro ceedings and not to create new situation.‑[Interlocutory relief].
An interlocutory relief is granted normally to maintain status quo of the situation obtaining prior to the filing of the legal proceedings and not to create a new situation which may be irretrievable or to establish a new state of things different from those which existed at the time the relief was sought.
Zahir Ahmed Khan for Petitioner.
Saiduzzaman for Respondent No. 1.
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