DEPUTY DIRECTOR WORKS AND SERVICES DEPARTMENT, DISTRICT TANK versus ABDUL AZIZ
Section 42 and 54 Civil Code of Conduct (v. 1908), OI, R 8, OXXVII, RR 4, 8, O XXXIX, Rr 1, 2 and Section 79 Constitution of Pakistan (1973), Article 174 in the Suit Declaration and Permanent Order Contract There has been a delegate scope to file a temporary temporary injunction, the trial court grant was granted for a temporary injunction filed by the plaintiff and the defendants, to replace the school site in dispute or move it elsewhere. Was prevented from The trial court order was temporarily dismissed by the trial court, the appeal filed by the defendants against the trial orders was dismissed by appellate court verdict, in addition to the question whether A lawsuit allegedly set up by the claimant as a representative, meeting the legal requirements contained in it. OI, R8 (1) (2), CPC or not, was the primary weakness in this case pursuant to the provisions of section 79 inf, CPC read with Article 174 of the Constitution filed by the plaintiff The very case was not complied with, it appeared that he was a disqualified plaintiff, in the circumstances there was no first case and the temporary injunction in this case was illegal. Because there should be three components, such as the prima case, the balance of convenience and irreparable harm, the appellate court for the provisional injunction had overlooked the legal aspect of the case and thus its ruling was an illegal high court, by its Using the automotive review jurisdiction, set aside the unclean orders of the appellate court and the trial court case has been referred to the trial court where the parties will appear.
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