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Precedent

All three ingredients must co-exist before a temporary injunction is granted

Citation: 2023 CLC 998 Court: Islamabad High Court Bench: Single Bench Decided: 30 Mar 2023

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Headnote

A temporary injunction under Order XXXIX Rules 1 and 2 CPC may issue only where a prima facie case, balance of convenience and irreparable loss are all established; the absence of any one is fatal.

Key holdings

  1. A prima facie case means an arguable case, not a case certain to succeed.
  2. Loss compensable in money is not irreparable loss.
  3. An injunction cannot be granted to enforce a right that is itself disputed and unproved.