Civil Revision is not maintainable after the amendment made in Section 115 CPC by the Province of Punjab by means of adding sub clause 5 to the section.

This amendment was inserted in the Code of Civil Procedure through the Punjab Amendment Act XIV of 2018 dated 20.03.2018, therefore, a constitutional petition, if at all, should have been filed in the matter and not a Civil Revision.

High Court has the power to convert one type of proceedings into another kind and therefore, subject to the petitioners depositing requisite court fee (Rs. 1500/- since there are three petitioners), the present Civil Revision is converted into a constitutional petition and office is directed to allot a number to this writ petition today.

It has been noted that the Civil Revision was filed within thirty four days of the impugned judgment passed by the appellate court and therefore, is not hit by limitation or for that matter by the doctrine of laches.

It may be necessary to recapitulate here that grant of temporary injunction is an equitable relief depending upon the circumstances of each individual case. In order to ascertain existence of a prima facie case all pleadings and materials before the court had to be considered. A prima facie case only means an arguable case and does not necessarily mean a prima facie title in the property (even the entitlement in the present case is beyond question and stands established by virtue of operation of law). It may also be noted that the pleadings and materials on record indicated a strong possibility of existence of a right in favour of the party seeking injunction and breach of such right being admitted by the opposing party, temporary injunction for the preservation of the threatened right ought to have been granted.

It may be reiterated that the phrase ‘prima facie case’ in its plain language signifies a triable case where some substantial question is to be investigated and this phrase should not be confused with ‘prima facie title’. Also in order to make out a prima facie case the plaintiff need not establish its title. It is enough if the plaintiff can show that he has raised a fair question as to the existence of right in the property in dispute and which should be preserved until such question is determined.

Civil Revision No.955 of 2019 converted into Writ Petition No. 2570 of 2022
Abdul Rauf etc. Versus Muhammad Mushtaq etc.