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Injunction- Concealment of fact:

2013 CLC 454 Lah.


Side Appellant : Mst. SAEEDA
Side Opponent : PROVINCE OF PUNJAB
S. 42---Civil Procedure Code (V of 1908), S.115, O.XXXIX, Rr.1 & 2---Suit for declaration---
Interim injunction , denial of---Concealing of facts---Plaintiff was denied interim injunction by
Trial Court and Lower Appellate Court---Validity---Filing of earlier suit was concealed by
plaintiff not only in plaint but also in revision petition filed before High Court---Such
concealment established that conduct of plaintiff was not above board and she approached the
High Court with unclean hands---One who sought discretionary relief was, therefore, required to
approach the court with clean hands---One who seeks equity must do equity---Plaintiff was in
possession of land in excess of her share and her revision before Board of Revenue was time-
barred---During post remand proceedings, plaintiff was given repeated opportunities to present
her case but she failed to do so, and consequently her defence was struck off---Plaintiff did not
have prima facie case in her favour nor balance of convenience tilted in her favour, and similarly,
factor of irreparable loss was also missing---High Court, in exercise of revisional jurisdiction,
declined to interfere in concurrent orders passed by two courts whereby interim injunction was
refused to plaintiff---Revision was dismissed in circumstances.

2012 MLD 371 Kar.


Side Appellant : TANVEER NAZ
Side Opponent : ABDUL RASHID
S.42---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Illegal Dispossession Act (XI
of 2005), Ss.3 & 4---Declaration of title---Interim injunction , grant of---concealment of facts---
Suit for specific performance filed by defendant was dismissed but plaintiff was not put in
possession of suit property through any specific order in that suit nor plaintiff had filed any suit
for possession---Plaintiff preferred to file criminal complaint within the meaning of Illegal
Dispossession Act, 2005, and as an interim measure he was given possession of the suit
property---Validity---Interim measure was subjected to final outcome of criminal complaint and
criminal court had directed plaintiff to handover possession of suit property to defendant---
Plaintiff was not in lawful possession of suit property and/or defendants were not attempting to
dispossess the plaintiff from suit property without due process of law, when the suit was filed by
plaintiff---By concealment of fact, plaintiff had obtained ad interim order---Plaintiff having not
come with clean hands to High Court, and did not have a prima facie case or balance of
convenience in his favour---High Court declined to grant interim injunction ---Application was
dismissed in circumstances.