Law: Civil Procedure Code (V of 1908)

Section: O.XL,R.1,S.151

Law: Qanun-e-Shahadat (10 of 1984)

Section: 48

(a) Civil Procedure Code (V of 1908)--- ----O. XL, R.1---Receiver, appointment of---Pre-conditions---Court usually do not appoint receiver in respect of businesses which are making profits but at same time, if substantial issues are raised and there is a likelihood that property is in danger or partnership business, if continued in same manner, may deprive excluded partner from his legitimate share, a receiver can be appointed. (b) Civil Procedure Code (V of 1908)--- ----O. XL, R. 1---Suit for declaration, permanent injunction and rendition of accounts---Receiver, appointment of---Protection of assets---Partnership concern---Parties were partners in a joint business and plaintiff was dissatisfied with accounts of firm---Plaintiff sought appointment of receiver upon working of business of partnership concern---Plea raised by defendants was that until evidence was recorded and admissibility of the report of Chartered Accountant was decided in terms of Qanun-e-Shahadat, 1984 same did not appear to be just and fair---Validity---Chartered Accountant was appointed by court for its assistance before passing of any order of appointment of receiver---Once report of Chartered Accountant was furnished court was fully competent and was not denuded of its powers to proceed further on the basis of such report---Assets of partnership business were to be collected and preserved as the parties were in dispute with bitter feelings---Plaintiff though had been compensated from time to time but such compensation did not commensurate with accounting figures given by the Chartered Accountant---Reasonable apprehension existed to the effect that partnership property, assets as well as income, were in danger or being misused and dissipated---Receiver was appointed in circumstances. Muhammad Irfan v. The State 2006 YLR 1506; Faizullah Khan and others v. Mst. Mirzago Begum 2015 YLR 1489; Syed Munawar Hussain Shah v. Syed Nusrat Hussain through L.Rs and others 2014 CLC 945; Abdul Ghani and others v. Abdul Rashid and others PLD 2008 Kar. 443, Media Max (Pvt) Ltd. through Chief Executive v. ARY Communication Pvt. Ltd. PLD 2013 Sindh 555; Sahibzada Ghulam Muhammad Khan v. Nawab Jahangir…

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