Mst. HAJRA BEGUM vs ABDUL AZIZ AND Another — 1972 SCMR 389

Citation: 1972 SCMR 389

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. HAJRA BEGUM vs ABDUL AZIZ AND Another

Headnotes

Case cited as 1972 SCMR 389

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: Mst. HAJRA BEGUM vs ABDUL AZIZ AND Another Case No.:Civil Petition for Special Leave to Appeal No. 253 of 1972 Civil Revision No. JUDGMENT Reported As: 1972 SCMR 389 Result: Leave refused Judgment JUDGMENT HAMOUDUR RAHMAN, C. J.-This is a petition for slir6ai leave to appeal from an order of a learned Single Judge of tire Lahore High Court refusing to interfere in revision with an order of the Courts below rejecting an application for interim injunction. The circumstances leading up to the application for interim injunction may briefly be stated as follows :--- The petitioner's husband, Abdur Rahim, carried on business it', partnership with the respondent Abdul Aziz. The latter filed a suit for dissolution of partnership and rendition of accounts. During the pendency of the suit, he also applied under Order XXXVIII, rule 5 of the Code of Civil Procedure for attach--ment before judgment of the property in dispute, but on the 28th of October 1967, the respondent Abdur Rahim gave an under--taking by affidavit that he would not during the pendency of the suit dispose of the property to anybody. The application for tit attachment before judgment was disposed of on this undertaking. Thereafter, on the 18th of January 1971, the suit was decreed against the respondent Abdur Rahim for a sum of Rs. 2,18,600, A few days before the decree, namely, on the 1st of January 1971, the said Abdur Rahim,…

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