Mst. GULZAR BIBI vs MUHAMMAD RIAZ and another
This civil revision petition arises from a dispute involving a suit for specific performance of an agreement to sell filed by respondent No. 2 against the petitioner and respondent No. 1. In that suit, respondent No. 2 sought a temporary injunction to restrain the petitioner from pursuing her own separate suit against respondent No. 1. While the trial court initially dismissed the application for a temporary injunction, the Additional District Judge, Ferozewala, subsequently allowed the appeal and granted the injunction, effectively staying the petitioner's suit. The core legal question before the High Court was whether the appellate court possessed the jurisdiction to stay proceedings in a separate, pending civil suit. The High Court held that the appellate court acted without jurisdiction in granting the injunction. The court emphasized the established legal principle that lawful proceedings in a suit pending before a court of competent jurisdiction cannot be stayed unless the circumstances strictly fall within the parameters of Section 10 of the Code of Civil Procedure 1908. Consequently, the impugned order was set aside.
- Can a court stay proceedings in a separate pending suit outside the scope of Section 10 of the Code of Civil Procedure 1908?
- Does an appellate court have the jurisdiction to grant an injunction restraining a party from pursuing a separate civil suit?
- Section 10, Code of Civil Procedure 1908
MAULVI ANWARUL HAQ, J - On 27-7-2006 the respondent No,2 filed a suit against die petitioner and respondent No,l for specific performance of agreements to sell stated to have been executed by respondent No,l. Along with the suit an application was filed seeking a temporary injunction, inter alia, restraining the petitioner to get her suit decreed against the respondent No,
1. The suit as well as the application was resisted by both the defendants. The learned trial Court dismissed the application on 19-9-2007. An appeal filed by the respondent No,2 was allowed by a learned Additional District Judge, Ferozewala, on 27-5-2008, who has granted the injunction.
2. This civil revision was admitted to hearing only to consider the contention that the learned Additional District Judge has acted without jurisdiction while staying the proceedings in another shit. Learned counsel for respondent No, 2 has put in appearance and has made a clean breast by stating that the injunction to the said extent may be vacated as his client has filed an application to become a party in he other suit.
'No,2, it is settled that lawful proceedings in the nature of a suit pending in the Court of competent jurisdiction cannot be stayed unless and until the matter falls within the four corners of section 10 C.P.C. The civil revision accordingly is allowed and the impugned order dated 27-5-2008 of learned Additional District Judge Ferozewala, inasmuch as it purports to stay the proceedings in the civil suit titled "Gulzar Bibi v. Muhammad Riaz" is set aside. No orders as to costs.