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ASMAT ARA BEGUM versus KHATOON BIBI


Code of Conduct 1908 Section 115 Section 115 Review Request, Retaining the Applicant, Failure to disclose any illegal or material irregularities approved by the trial court's review application, could not be successful simply because The defendant was trying to delay the applicant's order for a restraining application. Support for filing an application under Civil Procedure Code, OXIX, r 2 of 1908;

1985 M L D 1247

[ Karachi ]

Before Tanzil-ur-Rehman, J

Mst. ASMAT ARA BEG UM--Plaintiff/Applicant

versus

Mst. KHATOON BIBI and others--Defendants/Opponents

Civil Revision No. 1 of 1985, decided on 15th January, 1985.

Civil Procedure Code (V of 1908)--

---S. 115--Revision petition, maintainability of--Petitioner failed to show any illegality or material irregularity in order passed by trial Court- Revision petition, held, could not succeed merely because respondent was trying to delay decision on petitioner's injunction application by resorting to making application under O. XIX, r. 2 of Civil Procedure Code, 1908--No allegation of delay, found on part of trial Court--- Revision petition dismissed summarily in circumstances.

Faizanul Haq for Applicant.

ORDER

Learned counsel has not been able to show me any illegality o material irregularity in passing the impugned order by the learned Civil Judge. His only grievance seems to be that the respondent (defendant) is trying to delay the decision on the applicant's (plaintiff) injunction application by resorting to making an application under Order XIX, rule 2, C . P. C . although there is no allegation of delay on the part of learned Civil Judge. I would, however, observe that the learned Civil Judge, if conveniently possible, may decide the injunction application as soon as possible after the cross-examination of the applicant (plaintiff) and arguments of the parties. With this observation, the Revision Application is dismissed summarily.

Consequently this application does not succeed and is accordingly dismissed.

H . B . T .

Petition dismissed.

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