MUHAMMAD SHAFI versus PROVINCE OF PUNJAB

The Section 115 amended discretion used by the courts below to deny a temporary injunction cannot be interfered with in the limited amending jurisdiction of the High Court because the amended powers contemplated under section 115, CPC mean Was to correct the errors made by the subordinate courts in exercising their jurisdiction. And not at their discretion unless the use of discretion by them is arbitrary or misleading.

1981 C L C 749

[Lahore]

Before Manzoor Hussain Sial, J

MUHAMMAD SHAFI AND 3 oimRs‑Petitioners versus

THS PROVINCE OF PUNJAB AND ANOTHER‑Respondents

Civil Revision No. 119

of 1976, heard on 15th September, 1980.

Civil Procedure Code (V of 1908)‑‑

S. 115‑Revision‑Discretion exercised by Courts below in refusing to grant temporary injunction cannot be interfered with in exercise of limited revisional jurisdiction of High Court as revisional powers contemplated under S. 115, C. P. C. meant primarily for correcting errors made by subordinate Courts in exercise of their jurisdiction and not those made in their discretion unless discretion exercised by them found to be arbitrary or perverse.

Ch. Muhammad Farooq for Petitioner.

Mian Qurban Sadiq Ikram and Ata‑ur‑Rehman for Respondents.

Date of hearing : 15th September, 1980.

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