Interim Injunctions in Pakistan: When Courts Will (and Won't) Grant One
Courts apply a consistent three-part test before granting an injunction. Knowing it changes how you should draft the application.
An injunction can be the difference between a dispute that stays manageable and one where the other side has already sold the property, transferred the funds, or acted on the contested decision before your case is even heard. Pakistani courts apply a fairly consistent test before granting one.
The three-part test
- Prima facie case — a serious question to be tried, not necessarily a certainty of winning
- Balance of convenience — which side suffers more if the injunction is granted or refused
- Irreparable loss — harm that money alone can't adequately compensate
Why the drafting matters more than the merits
We've seen strong cases lose an injunction application because the affidavit didn't clearly establish irreparable loss, or because the application was filed after the harm had already partly occurred. Courts are far more receptive to an injunction sought before damage is done than one seeking to undo it.
Ex parte relief and its limits
In genuinely urgent situations, an injunction can be sought and granted without notice to the other side, but this is meant to be exceptional and is typically reviewed at the next hearing once the other party is heard.
This article is general information about Pakistani law and procedure, not legal advice for any specific matter. If this touches on something you're currently facing, get in touch and we'll advise on your facts directly.