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Civil Petition No.174 of 1977, decided on 4th June, 1984.
(On appeal from the .judgment, dated 15-2-1977 of the Lahore High Court in Civil Revision No.125 of 1977).
--Art.185 (3)--Civil Procedure Code (V of 1908), O.XXXIX, rr.l & 2--Injunction refused on ground that petitioners had failed to make our a prima facie case--High Court agreed with assessment of lower Court and there was hardly anything which petitioner could urge in support of petition for leave to appeal against said refusal--Suit in which injunction was sought, had in all probability, since been decided by now--Counsel of petitioner knowing nothing about fate of said suit- Petition for leave .to appeal refused in circumstances.
Raja Muhammad Sabir, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioners.
Zafar Iqbal Khan, Advocate Supreme Court and Ch. M. Aslam, Advocate-on-Record for Respondents.
Date of hearing: 4th June, 1984.
The District Judge had dismissed the petition for injunction filed by the petitioners on 27-1-1977. This order was challenged by a revision before the High Court which was dismissed by a learned Single Judge vide his order, dated 15-2-1977. This petition for leave to appeal is directed against the said order and has come up for hearing today.
The injunction was refused on the ground that the petitioners had failed to make out a prima facie case. The High Court agreed with this assessment and there is hardly anything which the learned counsel for the petitioners could urge in support of this petition.
Moreover, the injunction was refused by the District Judge vide an order passed by him on 27-1-1977. The suit, in which this injunction was sought, 'has, in all probability, since been decided by now. The learned counsel, however, knew nothing about the fate of the said) suit.
This is, therefore, not at all a fit case for interference.
M. Z . M . Petition refused
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