2392/2014 Suit Muhammad Muzammil Afzal Bhatti. (Plaintiff) V/S Muhammad Shahab Saqib & Others. (Defendant)

2392/2014 Suit Muhammad Muzammil Afzal Bhatti. (Plaintiff) V/S Muhammad Shahab Saqib & Others. (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 02-FEB-15

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S.42---Suit for declaration---Application for temporary injunction---Defendants had specifically denied the execution of any agreement or Iqrarnama which could be decided after recording of evidence---Burden to establish by positive evidence that such agreement had been entered into by and between the parties was on the plaintiff---Plaintiff had chosen a civil forum for redressal of his grievance through suit against the defendants---Defendants could not be restrained from taking a lawful course for redressal of their grievance---Civil and criminal proceedings were independent from each other---Criminal court could not defeat the plaintiff's right to pursue a civil remedy against the complainant---Plaintiff by filing a suit could not restrain the defendants from lodging the FIR if case was made out---Nobody was supposed to file/lodge a false case against anybody and if he had made the same then victim would be entitled to avail a remedy in criminal court for prosecuting the complainant---Plaintiff had no case to restrain the defendants from taking a legal course for redressal of their grievance---Application for grant of temporary injunction was dismissed in circumstances.