AHMADULLAH versus HAFEEZ AKHTAR

The question of the jurisdiction of section 15 (5) is whether the order of withdrawal cannot be challenged in a civil suit, the decision was not made without reviewing the details of such question, the lower court observed. Unable to keep the matter of, is completely unreasonable.

1981 C L C 1536

[Lahore]

Before Khurshid Ahmad, J

AHMADULLAH‑Petitioner

versus

Mst. HAFEEZ AKHTAR‑Respondent

Criminal Revision N4, 700 of 1979, heard on 22d October, 1980.

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

‑‑ O. XXXIX, r. 2‑‑Temporary injunction‑Question of grant of stay‑Held : Not to be decided on basis of close relationship between parties or imaginary grant but according to averments in pleadings and other circumstances. ‑‑[Injunction].

(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑

‑‑‑ S. 15 (5)‑Ouster of jurisdiction of civil Courts--Question whether order of eviction could not be challenged in civil suit‑Not decided without examining such question in detail, observation of lower Court as to such suit being not maintainable, held, wholly unjustified.

Muhammad Amin v, Jamsed Ali P L D 1967 Lab. 856 ref.

Muhammad Arif for Petitioner.

Ch. G. A. Gondal for Respondent.

Date of hearing : 22nd October, 1980.

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