Law: Civil Procedure Code (V of 1908)

Section: 1

Civil Procedure Code (V of 1908)--- ----O.XL, R.1---Receiver, appointment of---Scope and requirements---Words just and convenient---Connotation---Plaintiffs during pendency of suit filed application for appointment of receiver, which was dismissed---Validity---Court had jurisdiction to appoint receiver of the suit property in order to protect and preserve the same---Such discretion should be exercised judiciously by following the norms of law to protect the right of the citizens---Party seeking relief of appointment of receiver should make out a prima facie case and establish his title to the suit property---Such party should also show that suit property would be wasted and misappropriated if receiver was not appointed---Apprehension of mismanagement or misappropriation alone was not sufficient for appointment of receiver---Appointment of receiver was the harshest remedy provided under Civil Procedure Code, 1908---Power under O.XL, R.1 of C.P.C. should only be exercised when Court had come to the conclusion that it was just and convenient to appoint receiver to preserve and protect the property during pendency of litigation---Words just and convenient used in O.XL, R.1 of C.P.C. was to be interpreted depending upon the facts of each case---Said words denote convenience of the party and not that of the Court---Suit property in the present case was in possession of defendants and revenue entries were also in their names---Appointment of receiver in circumstances, was not just and convenient as it would deprive the defendants from usufruct of the properties---Plaintiffs had yet to prove their contention at the trial and they had failed to show any emergency and loss demanding immediate action for appointment of receiver---No illegality or irregularity had been pointed out in the impugned orders passed by the Courts below---Constitutional petition was dismissed in limine. ORDER ROZI KHAN BARRECH, J.---- The instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as the Constitution) carries the following prayer: It is therefore, most respectfully prayed that this Honble Court may be…

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