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Civil Revision No. 539 of 1978, heard on 28th September, 1980.
‑‑ O. Vii, r. 11 & O. XXXIX, rr. 1 & 2‑Suit for grant of permanent injunction against interference with plaintiff's possession of land Application for grant of temporary injunction filed alongwith suit for grant of permanent injunction‑Trial Court dismissing both on production by defendants of a copy of Jamabandi showing them to be in possession of land in dispute, concluding there from that plaint did not disclose a cause of action‑Held, question of grant of temporary injunction‑Separate from question of rejection of plaint. Plaint could be rejected only when even on allegations being proved as correct plaintiff could not be entitled to any relief‑Question of temporary injunction can however be decided on basis of documents placed on record and other attending circumstances keeping in view well‑recognised principles for grant of temporary injunction Trial Court having refused to grant temporary injunction on same grounds as prevailed with it in dismissing plaint, i. e. non‑disclosure of cause of action, and plaint being not liable to rejection on such ground, application for grant of temporary injunction also not liable to be rejected.‑[Injunction].
Inayat Ali Shah v. Province of the Punjab P L D 1978 Lah. 859; L. Collins v. Charles Booth & Co. Ltd. A I R 1921 Sind 106 and Sint. Bahuria Manikraj Kuar v. Sint. Amarbas Kuar A I R 1944 Pat. 38 ref.
Mian Iqbal Hussain for Petitioner.
Shahid Hussain Kadri for Respondent.
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