REHM ALI AND ANOTHER vs Mst. BIBI JI BEGUM AND OTHERS — 1971 PLD 536

Citation: 1971 PLD 536

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-27

Parties: REHM ALI AND ANOTHER vs Mst. BIBI JI BEGUM AND OTHERS

Headnotes

Case cited as PLD 1971 Supreme Court 536

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: REHM ALI AND ANOTHER vs Mst. BIBI JI BEGUM AND OTHERS Case No.: Civil Appeal No, 212 of 1970 Date of Judgment:1971-05-27 Reported As: PLD 1971 Supreme Court 536 Result: Appeal accepted JUDGMENT JUDGMENT M. R. KHAN, J.--This appeal, by special leave, raises the sole question whether the High Court, in the exercise of its revisional jurisdiction under section 115 of the Code of Civil Procedure, is competent to make an order in reversal of the order complained of, without calling for the record of the case. This point has arisen in the following circumstances:-- The respondents Nos, 1 and 2 herein as plaintiffs brought a suit on the 26th September 1969, against the present appellants for a declaration that they are the co-sharers in respect of the land in dispute and are in possession thereof and for a permanent injunction restraining the defendants from interfering with their possession. On the same date, an application was made under Order X XXIX, rule 1 of the Code of Civil Procedure for a temporary injunction restraining the defendants from interfering with the plaintiffs' possession till the disposal of the suit. On the 29th September 1962, the trial Court made an order for maintaining the status quo. On the 10th October 1969, the defendants (appellants herein) made an objection against the prayer for a temporary injunction. On the 11th November 1969, the…

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