CANTONMENT BOARD, RAWALPINDI and anothers vs MUHAMMAD YAQ00B
This matter arises from a petition for leave to appeal filed by the Cantonment Board, Rawalpindi against an interim order passed by the Lahore High Court in a civil revision, which allowed the respondents to carry on their business under expired licences subject to the deposit of the licence fee. The core legal question concerns the propriety of the High Court granting mandatory interim relief in civil revision allowing the continuation of business on expired licences without fully examining the legal aspects or hearing the opposite side, especially after the dismissal of the respondents' suit for permanent injunction by the trial court and the first appellate court. The Supreme Court converted the petition into an appeal and set aside the impugned order of the High Court, holding that the High Court acted in haste in issuing an ad interim mandatory injunction without hearing the opposite party and considering the legal issues. The Court established that interim relief allowing commercial operations under expired licences following concurrent dismissals of a permanent injunction suit requires proper legal scrutiny and opportunity of hearing.
- Whether the High Court can grant an ad interim mandatory injunction in a civil revision allowing business continuation on expired licences without hearing the opposite party?
- Is an interim order sustainable when it grants relief contrary to concurrent dismissals of a permanent injunction suit by the lower courts?
- Whether a High Court should order the renewal or continuation of business under expired licences during the pendency of a civil revision?
1. ' WALI MUHAMMAD KHAN, J.---Cantonment Board, Rawalpindi and another, petitioners herein, seek leave to appeal against the judgment dated 24-7-1993 passed by a learned Single Judge of the Lahore High Court Rawalpindi Bench, whereby on the admission of the Civil Revision No, 300/93 filed by Muhammad Yaqoob and others, the respondents were allowed to carry on their business under the old licence subject to the deposit of licence fee under the said licence by directing the petitioners to allow them to deposit licence fee.
2. ' We have heard Mr. Tanvir Bashir Ansari, Advocate, for the petitioners; Mr. Muhammad Munir Peracha, Advocate, for the respondents; and have perused the available record of the case.
3. ' The learned counsel for the petitioners contended that at the time of the institution of the suit by the respondents, the licences issued to them had already expired and that the learned High Court had no power or jurisdiction to order their renewal or allowing the respondents to continue with their business on the expired licences. The respondents' suit for permanent injunction was dismissed by the trial Court and the appeal preferred against it was also dismissed by the learned District Judge. The High Court in revision without affording proper opportunity to the petitioners, could not allow the respondents to carry on their business on the expired licences. Reliance 'was placed on the judgment of this Court in case MA. Naser v. Chairman, Pakistan Eastern Railways (PLD 1965 Supreme Court 83). The learned counsel for the respondents, on the other hand, submitted that the means of livelihood of so many families being involved, the impugned order of the High Court is just and equitable and does not call for interference.
4. Be that as it may, the learned High Court appears to have acted in haste in the issuance of ad interim mandatory injunction without hearing the opposite side and considering the legal aspect of the case. The impugned order is, therefore, not sustainable. We accordingly, convert this petition into appeal and by allowing the same, set aside the impugned order of the High Court. However, it is directed that the main revision petition may be disposed of as early as possible preferably within one month.
Cited by 2 cases
- Trend International through Proprietor vs Mustafa Rehman and another 2021 PLJ Karachi 56
- TREND INTERNATIONAL Versus MUSTAFA REHMAN 2021 CLD 1142