Side Appellant : Mst. SAEEDA Side Opponent : PROVINCE OF PUNJAB S. 42---Civil Procedure Code (V of 1908), S.115, O.XXXIX, Rr.1 & 2---Suit for declaration--- Interim injunction , denial of---Concealing of facts---Plaintiff was denied interim injunction by Trial Court and Lower Appellate Court---Validity---Filing of earlier suit was concealed by plaintiff not only in plaint but also in revision petition filed before High Court---Such concealment established that conduct of plaintiff was not above board and she approached the High Court with unclean hands---One who sought discretionary relief was, therefore, required to approach the court with clean hands---One who seeks equity must do equity---Plaintiff was in possession of land in excess of her share and her revision before Board of Revenue was time- barred---During post remand proceedings, plaintiff was given repeated opportunities to present her case but she failed to do so, and consequently her defence was struck off---Plaintiff did not have prima facie case in her favour nor balance of convenience tilted in her favour, and similarly, factor of irreparable loss was also missing---High Court, in exercise of revisional jurisdiction, declined to interfere in concurrent orders passed by two courts whereby interim injunction was refused to plaintiff---Revision was dismissed in circumstances.
2012 MLD 371 Kar.
Side Appellant : TANVEER NAZ Side Opponent : ABDUL RASHID S.42---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Illegal Dispossession Act (XI of 2005), Ss.3 & 4---Declaration of title---Interim injunction , grant of---concealment of facts--- Suit for specific performance filed by defendant was dismissed but plaintiff was not put in possession of suit property through any specific order in that suit nor plaintiff had filed any suit for possession---Plaintiff preferred to file criminal complaint within the meaning of Illegal Dispossession Act, 2005, and as an interim measure he was given possession of the suit property---Validity---Interim measure was subjected to final outcome of criminal complaint and criminal court had directed plaintiff to handover possession of suit property to defendant--- Plaintiff was not in lawful possession of suit property and/or defendants were not attempting to dispossess the plaintiff from suit property without due process of law, when the suit was filed by plaintiff---By concealment of fact, plaintiff had obtained ad interim order---Plaintiff having not come with clean hands to High Court, and did not have a prima facie case or balance of convenience in his favour---High Court declined to grant interim injunction ---Application was dismissed in circumstances.