| Citation(s) |
|---|
| 1972 SLD 3024 = 1972 SCMR 73 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-135 of 1971, decided on 15th February 1972. (On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 24th August 1971, in L. P. A. No. 117 of 1971).
Presented By: Sajjad Ahmad, Waheeduddin Ahmad and Salahuddin Ahmed, JJ
Nathulal J. Bhambani, Advocate Supreme Court, instructed by Muzafar Hassan, Advocate-on-Record for Petitioner. Nemo for
Respondent.
Civil Petition for Special Leave to Appeal No. K-135 of 1971, decided on 15th February 1972. (On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 24th August 1971, in L. P. A. No. 117 of 1971).
Presented By: Sajjad Ahmad, Waheeduddin Ahmad and Salahuddin Ahmed, JJ
Nathulal J. Bhambani, Advocate Supreme Court, instructed by Muzafar Hassan, Advocate-on-Record for Petitioner. Nemo for
Respondent.
MRS. MEHAR SULTAN JUNG-Petitioner
VERSUS
QURBAN HUSSAIN--Respondent
Law: Civil Procedure Code (V of 1908)
Section: 151, O. XL
Civil Procedure Code (V of 1908), S. 151 & O. XL, r. 1 Code providing procedure for a particular purpose-Provision of S. 151-not available in such circumstance-Appointment of Receiver- Person refusing to file application under O. XL, r. 1-Cannot seek direction., under S. 151, that Nazir of Court be asked to look after property in dispute and collect occupational charges from persons in possession. Date of hearing : 15th February 1972. JUDUMENT SALAHUDDIN AHMED, J.-This petition for leave is from an order of the High Court of Sind & Baluchistan, dismissing the petitioner's application under section 151 of the Code of Civil Procedure. On the 10th February 1971, the petitioner had filed an application foe the appointment of a Receiver of the property in dispute and it was disposed of by consent order on 7th of May 1971, whereby the disputed property was attached. The petitioner…