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Petitioner: NIZAMUDDIN VS Respondent: CENTRAL GOVERNMENT OF PAKISTAN, AND 4 OTHERS
Court Name: Lahore High Court Judge(s): Chaudhry Muhammad Sharif Title: NIZAMUDDIN vs CENTRAL GOVERNMENT OF PAKISTAN, AND 4 OTHERS Case No.: Civil Revision No, 153 of 1979/BWP Date of Judgment:1982-12-07 Reported As: 1983 CLC 924 Result: Revision dismissed
JUDGMENT
JUDGMENT ' This revision petition has assailed the validity of order dated 17-6-1978 passed by the learned Civil Judge Chishtian Camp at Bahawalnagar who had refused to issue a temporary injunction in favour of the petitioner. 2. The brief facts of this case are that the petitioner was served with a notice to pay Rs, 32,520.40 as excise duty of tobacco. He sought the assistance of the learned trial Court for having a declaration that he was not liable to pay this amount as Nizamuddin the person who was actually liable was someone also. He sought a temporary injunction against the respondents restraining the latter from recovering the said amount from him. The grant of temporary injunction was denied to the petitioner and be has filed this civil revision against the said order. 3. It may be noted that the learned trial Court has stated in the impugned judgment that the petitioner is a partner of the firm namely Messrs Muhammad Yahya Nizamuddin & Co., and as a partner of the said firm, the petitioner executed an agreement and had obtained 'the licence for running the business of tobacco. The contention that Nizamuddin, the partner of the firm was some one else, was found incorrect. Secondly is a definite amount and it cannot be termed as an irreparable injury! If this is recovered. Lastly, the public duties of a Department cannot be interferred with as envisaged under section 56-A of the Specific Relief Act. 4. The learned trial Court has exercised the jurisdiction vested in it and has not committed any illegality or material irregularity in the pronouncement of impugned judgment. The civil revision fails and stands dismissed with costs.