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TAIMUR USMAN KHAWAJA versus ALI MUHAMMAD SHAIKH


Section 55 Contract Act (IX of 1872), Section 55 Civil Procedure Code (VV 1908), O XXXIX, Rr: 1 and 2 provisional injunction, claiming loss of alternative relief for timely delivery as essence of contract Effect sought to prevent plaintiff from moving the suit property in favor of a third person The defendant's dispute was the essence of the contract at the time and since the plaintiff failed to comply with his part of the contract at the appointed time In view of the specific clause in the agreement, the essence of the agreement was between the parties at the time and irrespective of the fact that the parties were at fault, after the date of the agreement. You were done after the end of the agreed time, the contract was terminated Optional The plaintiff from the parties did not have a good prima case in her favor and would suffer irreparable harm if the order was denied. The plaintiff had already claimed damages against the plaintiff. t And the loss he suffered was already measured in terms of money, so, if the order was denied, then the High Court refused to grant the order in favor of the plaintiff. Irreparable harm.

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