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AURANG ZAIB BIBI versus PROVINCE OF PUNJAB


Article 185 (3) Civil Procedure Code (V8 1908), O XXXIX, rr l & 2 There is no question in interim injunction pending cases in which the applicants' request to temporarily dismiss their claim by the courts Used to deny. Declaration, not open for any discount, refused to leave
1986 S C M R 184

Present: Aslam Riaz Hussain, Actg. C. J., Abdul Kadir Shaikh and S.A. Nusrat, JJ

Mst. AURANG ZAIB BIBI‑‑Petitioner

versus

PROVINCE OF PUNJAB through Collector, Multan‑‑Respondents

Civil Petition for Special Leave to Appeal No. 287‑R of 1985, decided on 20th October, 1985.

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), O. XXXIX, rr.l & 2‑‑Temporary injunction‑‑No question of law involved‑‑Discretion exercised by Courts below in refusing petitioner's application for issuance of temporary injunction pending disposal of his suit for declaration, not open to any exception‑‑Leave refused.

S.M. Alyas Bokhari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 20th October, 1985.

JUDGMENT

ABDUL KADIR SHAIKH, J.‑‑

This is a petition for leave to appeal from the judgment of a learned Judge of Lahore High Court, Multan Bench, dated 17‑3‑1985 dismissing petitioner's revision application against the order of the Civil Judge, Multan, dated 14‑3‑1984, by which petitioner's application for the issuance of temporary injunction pending disposal of the suit for declaration filed by her was rejected, which order was upheld on appeal by the Additional District Judge, Multan.

After having heard the learned counsel in the light of record before us, we find that no question‑of law is involved, and the discretion exercised by the Courts below is not open to any exception on grounds of law.

The petition is, therefore, dismissed.

M. Y. H. Leave refused.

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