Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX Rr. 1 & 2 & O.XL R. 1

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

Section: Arts. 46-A, 78-A

Civil Procedure Code, 1908 (V of 1908)--

----O.XXXIX Rr. 1 & 2 & O.XL R. 1--Qanun-e-Shahadat Order, (10 of 1984), Arts. 46-A & 78-A--Application for appointment of receiver--Dismissed--Dismissal of appeal--Application for grant of temporary injunction--Leave to appeal before Supreme Court--Court was disposed of--Application for appointment of receiver was accepted by trial Court on direction of High Court--Direction to--Partnership deed--No contrary clause in partnership deed--Partnership was dissolved--Violation of--Missing of conditions for appointment of receiver--Challenge to--When no contrary clause exist in Partnership Deed, in event of death of a partner, partnership stand dissolved--Neither any emerging situation had been pointed out by trial Court regarding appointment of receiver nor any persuasive reasons for exercise of powers under Order XL, CPC had been divulged in impugned order--Trial Court accepted application filed by respondents while relying upon emails despite fact that same could not be referred until and unless they were proved in terms of provisions of Electronic Transactions Ordinance, 2002 read with Articles 46-A and 78-A of Qanoon-e-Shahadat Order, 1984--No evidence had been led by parties--In absence of any positive evidence to support that appointment of receiver was inevitable to safe subject matter of suit from immediate waste or peril, application of respondents could not be accepted--The impugned order was bereft of reasoning necessary for appointment of receiver--Counsel for respondents did not refer to any document to show that partnership was dissolved as a result of order passed by competent authority--The conditions sine-qua-non for appointment of receiver were missing in case of respondents-plaintiffs--Appeal accepted.

1995 SCMR 296; PLD 2019 Lahore 395; 2000 PTD 677;
2004 MLD 1624; 2019 SCMR 1982 & PLD 2014 Peshawar 1 ref.

 

ORDER
 

Succinctly, the respondents-plaintiffs have filed a suit for declaration, rendition of accounts, recovery, permanent and mandatory injunction against the appellant and others. Alongwith the said suit, they also filed an application under Order XXXIX Rule 1 2, CPC for grant of temporary injunction which was dismissed by the learned Civil Judge, Sialkot (learned Trial Court) vide order, dated 11.10.2021, against which they filed an appeal (FAO No. 73598 of 2021) before this Court which too was dismissed vide judgment, dated 15.02.2022, with a direction to the learned trial Court to decide application of the respondents-plaintiffs, for appointment of receiver, within one month positively. The respondents-plaintiffs challenged the decision of this Court before Hon’ble Supreme Court of Pakistan by filing Civil Petition for Leave to Appeal, Bearing No. 625/2022, which was disposed of through order, dated 16.03.2022. Subsequently, pursuant to the direction issued by this Court, the learned Trial Court took up the matter and after hearing both the parties accepted the application filed by the respondents-plaintiffs for appointment of receiver, vide order, dated 22.04.22; hence this appeal.