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Petitioner: MUHAMMAD SHARIF VS Respondent: MUHAMMD YOUSAF And OTHER
Court Name: Lahore High Court Judge(s): Malik Muhammad Qayyum Title: MUHAMMAD SHARIF vs MUHAMMD YOUSAF And OTHER Case No.: Civil Revision No.651 of 1995 Date of Judgment:1995-04-09 Reported As: 1997 CLC 883 Result: Revision dismissed
Judgment ORDER This revision petition seeks revision of order dated 12-3-1995 whereby the Trial Court refused to review its earlier order dated 17-10-1994 dismissing an application under Order 39, rules 1 and 2 and section 15, C.P.C for issuance of temporary injunction restraining the respondents from interfering in the possession of the petitioner during the pendency of suit for specific performance of agreement for sale. 2. Admittedly, order dated 17-10-1994 by virtue of which application for temporary injunction was dismissed was appealable but the petitioner instead of invoking that remedy chose to file an application for review of the order before the Trial Court. As the order dated 17-10-1994 did not suffer from any error patent on the record that order was not liable to be reviewed. Even in the application under Order 47, Rule 1, C.P.C., no ground for review of the earlier order was made to the Trial Court was justified in rejecting the review application. 3. So far as the order dated 17-10-1994 is concerned, as already observed, an appeal could be filed against the said order under Order 43, Rule 1, C.P.C. But that remedy has not been availed of. The learned counsel prays that this petition be treated as an appeal against the aforesaid order. I am afraid, this request of the learned counsel cannot be granted keeping in view the fact that the limitation for challenging that order has since expired. Dismissedin limine.