Law: Specific Relief Act (I of 1877)

Section: 9

  Specific Relief Act (I of 1877)--- ----S. 9---Civil Procedure Code (V of 1908), O.XL, R. 1---Order or decree passed under S. 9, Specific Relief Act, 1877---No appeal would be competent against such order or decree---Where, however, any order was passed under 'O.XL, R.1, Civil Procedure Code, 1908, or any other provision of law that would not be termed as an order passed under S.9, Specific Relief Act, 1877; appeal against such order would be competent. Muhammad Omar Khan v. Muhammad Asif and others PLD 1964 (W.P.) Pesh. 157 and Mst. Jhali and others v. Lal Khan and another 1992 CLC 2320 ref. AIR 1937 Sindh 161 rel. Specific Relief Act (I of 1877)--- ----S. 9---Civil Procedure Code (V of 1908), O.XL, R. 1---Exercise of jurisdiction under O.XL, R. 1, Civil Procedure Code, 1908, in a suit pending under S. 9, Specific Relief Act, 1877---Court while exercising power under O.XL, R. 1, Civil Procedure Code,, 1908, would be required to examine whether title of plaintiff-applicant was valid and whether it was just and convenient to appoint receiver or not; whether plaintiff had proved strong prima facie case in his favour to that effect---Plaintiff, on proof of such essentials could succeed in   getting relief under O.XL, R.1, Civil Procedure Code, 1908 (for appointment of receiver etc.) ---Court while passing impugned order had ignored the principles governing O.XL, R.1, Civil Procedure Code, 1908---Nature of the impugned order also indicated that Court while disposing of application fur appointment of Receiver was not competent to pass such type of order requiring defendant to deposit specified amount in Court---Order passed under O.XL, R.1, Civil Procedure Code, 1908, was, thus, not sustainable. Civil Procedure Code (V of 1908)--- ----O.XL, R.1 & S. 115---Revisional jurisdiction---Appellate Court after thoroughly considering all the relevant aspects of the case had formed .its opinion that order passed under OXL, R.1, Civil Procedure Code, 1908, by Trial Court was without jurisdiction and not warranted by law---Such order being valid 'and in accordance with law was not open to any exception in revisional jurisdiction. M. Riaz Ahmed for…