S M AFTAB AHMAD Vs. BIBI BENTUL FATMA

JUDGEMENT

(1.) I think, it is not proper to refuse to interfere with the order, dated the 25th November, 1966, of the court below now when the hearing of the suit has already been delayed so far. On principle, in the matter of injunction, when only an ad interim order was made on the 15th July, 1964, the matter ought to have been concluded by a final hearing as to whether the temporary injunction will continue; if so on what terms, until the disposal of the suit. Since the Court below has refused to do so, it is clear that it has committed an error of jurisdiction. And as I have said above, no useful purpose will be served by my saying now that still I refuse to exercise my power under Section 115 of the Code of Civil Procedure and interfere with the order dated the 25th November 1966

(2.) In the result, the application in revision is allowed, the order is set aside and the Court below is directed to hear the matter of injunction in connection with which the ad interim order was made on the 15th July, 1964, and pass such order as it may think fit and proper, before the taking up of the hearing of the suit. There will be no order as to costs.

(3.) Let the lower court's records be sent down at once.