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KHUDA BAKHSH versus HAMID ALI SHAH


Section 115 reads with OAX, r 2 provisional injunction temporarily subject to the discretion of the courts as used by the courts below in its rationale for the exercise of its limited jurisdiction. The High Court has not been used, cannot be. Interfere with the exercise of such discretion

1981 C L C 901

[Lahore]

Before Munawwar Elahee Rana, J

Malik KHUDA BAKHSH ETC. ‑Petitioners

versus

Syed HAMID ALI SHAH‑Respondent

Civil Revision No. 364 of 1975, decided on 26th May, 1980.

Civil Procedure Code (V of 1908)‑--------

-----‑‑ S. 115 read with O. XXXIX, r. 2‑Temporary injunction Issuance of temporary injunction‑Within discretion of Courts below‑Discretion in such regard as exercised by Courts below not shown to have been exercised arbitrarily‑High Court in exercise of its limited jurisdiction in revisions, held, cannot interfere with exer cise of such discretion.

Muhammad Umar Beg v. Sultan Mahmood P L D 1970 S C 139 ref.

Sh. Abdur Rashid for Appellants.

Muhammad Nawaz Kasuri for Respondent.

Date of hearing : 21st May, 1980.

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