GHULAM BAHU vs Mst. MAQSOOD BIBI
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court, which had accepted a revision petition and restored the trial court's order dismissing the petitioner's application for an ad interim injunction in a declaratory suit. The core legal question concerned the propriety of the appellate court's interference with the trial court's exercise of discretion in refusing interim relief, particularly regarding the existence of a prima facie case and irreparable loss, as well as the procedural propriety of admitting affidavits in the appellate court without opportunity for rebuttal. The Supreme Court held that the trial court had properly considered the factual and legal aspects, including the valid appointment of a guardian ad litem, and that the High Court was fully justified in restoring the trial court's order, especially given the improper admission of un-rebutted affidavits by the first appellate court. The petition was accordingly dismissed.
- Whether the appellate court can interfere with the trial court's exercise of discretion in refusing an ad interim injunction when a prima facie case and irreparable loss are not made out?
- Is it proper for an appellate court to consider affidavits filed on appeal without affording the opposing party an opportunity to rebut them?
- Whether the appointment of a guardian ad litem can be challenged without showing material procedural flaws or prejudice?
ORDER
1. ' GHULAM MUJADDID, J.--Application of the petitioner for ad interim injunction pending the decision of the declaratory suit filed by him was dismissed by the trial Judge on 8-11-1982. The reasons for the dismissal were that the petitioner-plaintiff failed to make out a prima facie case and that there was no question of irreparable loss. Against the order of the trial Judge, the petitioner filed an appeal which was heard by the Additional District Judge, Sargodha. The appellate Court by order dated 5-10-1983 allowed the appeal. The order of the Additional District Judge was impugned by Mst. Maqsood Bibi by way of Revision in the Lahore High Court. The Revision Petition was accepted and the order of the trial Judge was restored.
2. ' The petitioner now seeks leave to appeal against the order of the Lahore High Court dated 10-4- 1989.
3. ' We have heard the learned counsel for the petitioner who was unable to urge any point of law. His main emphasis was that the trial Court did not apply its mind and arbitrarily disallowed the application for the ad interim relief. This contention has no force. The trial Court considered all the legal as well as factual aspects of the case. This is evident from the following observations made by the trial Court:- "It is significant to note that at the time of institution of earlier suit the plaintiffs father was dead.
4. Therefore, Mst. Shahzadan being mother of the plaintiff could best act as his guardian ad-litem.
5. Even otherwise a perusal of the copies of order sheet of the earlier suit brought on the record by the plaintiff shows that before appointing Mst. Shahzadan as guardian ad litem all relevant facts were taken into consideration. So prima facie there seems to be no flaw in the appointment of guardian ad litem."
6. Hence the High Court was justified in restoring the order of the trial Court especially when the affidavits were filed before the appellate Court without affording an opportunity to the respondent to rebut them.
7. ' There is no merit in this petition which is hereby dismissed.