ATTAULLAH alias BILLA and others vs MUHAMMAD ILYAS and others

ORDER

' KHALIL-UR-REHMAN RAMDAY, J.-This petition is directed against an order dated 21-10-2002 passed by a learned Single Judge of the Lahore High Court, whereby Civil Revision No,772 of 2002 had been dismissed.

2. Ilyas respondent had filed a suit in the Civil Court at Faisalabad against the petitioners and the official respondents before us, praying for an injunction restraining the present petitioners from operating the power-looms put up by them in Plot No,S-491, Mannawala and praying also for a direction to the F.D.A. To cancel the permission to operate the said power-looms and praying further for a direction to the respondentWAPDA authorities to discontinue the supply for electricity to the said power-looms. The said suit was dismissed by the learned trial Court vide its judgment dated 22-11-2000 but the appeal filed by Ilyas respondent before the learned Appellate Court was allowed by a learned Additional District Judge at Faisalabad through his judgment dated 1-2-2002 whereby the above mentioned trial Court's judgment dated 22-11-2000 was set aside and the plaintiff's suit was consequently decreed. The present petitioners then approached the Lahore High Court with the above mentioned Civil Revision No,772 of 2002 which was dismissed through the impugned order dated 21-10-2002. Hence this petition.

3. The said Civil Revision No,772 of 2002 came up before the High Court on 16-4-2002 when a pre- admission notice was issued to the other side. On the same day C.M. No,1-C of 2002 also came up for hearing before the learned Single Judge in which notice was issued to the opposite party for 28-5-2002 and in the meantime an order directing maintenance of status quo was passed. It was thereafter complained by the respondents through Criminal Original No,89-C of 2002 that the petitioners having secured this status quo order had then violated the same by reconnecting electricity supply to their power-looms which electricity supply stood disconnected and it had consequently been prayed that the petitioners be punished for having offended against the said status quo order. Having heard the parties, the Honourable High Court took serious view of the above-noticed misconduct of the petitioners and consequently dismissed their revision petition finding that being wrong-doers and having settled their hands on account of the above-noticed misconduct, the petitioners had dissatisfied themselves to any discretionary relief in equity. The learned Single Judge thereafter showed leniency in the matter of punishing the petitioner for violating above mentioned status quo order and disposed of Criminal Original No,89-C of 2002 accordingly.

4. We have heard the learned counsel for the petitioners at some length.

5. It is not deniable that relief under section 115 of C.P.C. Was a discretionary relief in equity. It is also a principle too well-established that a person who misconduct himself vis-a-vis the proceedings of a Court or the process of law, disentitles himself to any assistance from the Courts of law. Having secured a status quo order from the High Court, the petitioners abused the same. In the circumstances no exception could be taken to the impugned order of the Lahore High Court refusing assistance to the petitioner in pursuance of the above mentioned Civil Revision No,772 of 2002.

6. This petition is therefore, dismissed. Leave refused.