Law:

Section:

Civil Procedure Code (V of 1908)----- -----O. XL, R. 1-----Receiver, appointment of-----Requirements-----Words "just and convenient"-----Scope-----Plaintiffs filed an application for appointment of receiver which was accepted by the Trial Court but same was dismissed by the Appellate Court-----Validity-----Civil court had jurisdiction to appoint Receiver of suit property to protect and preserve the same pending judicial determination-----Such discretion had to be exercised judiciously to protect the rights of citizen-----Party seeking relief of appointment of Receiver was required to make out a prima facie case and establish his prima facie title to the suit property-----Such party had also to show that suit property would be wasted, misappropriated and destroyed if Receiver was not appointed-----Apprehension of mismanagement or misappropriation alone would not be sufficient to call for appointment of Receiver-----Appointment of Receiver would tantamount to dispossessing a person who was already in possession of the property-----Plaintiffs had neither been able to make out a prima facie case of imminent risk of misappropriation, waste and destruction of suit property nor had they prima facie established their title to the suit property-----Provisions of O. XL, R. 1, C.P.C. could only be exercised when court had come to the conclusion that it was just and convenient to appoint the Receiver to preserve and protect the property during the pendency of litigation-----Words "just and convenient" used in O. XL, R. 1, C.P.C. had to be interpreted depending upon the facts of each case-----Such words would denote convenience of the party and not that of the court-----Property in the present case, was in the possession of defendants-----Defendants should not be dispossessed from the suit land on the ground of some unfounded, unproven facts-----Nothing was on record to prove the allegations leveled by the plaintiffs to substantiate their averments-----Defendants were administering the shrine being "Mutawalli"-----Earlier suit for declaration filed by the plaintiffs with regard to the same subject matter had been dismissed on merits-----Plaintiffs had failed to show any…

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