Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX, rr. 1, 6, O. XL, r. 1

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 20th May 1970, in Revision Petition No. 8 of 1970). Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 6 and O. XL, r. 1-Injunction, temporary-Receiver, appointment of Interlocutory orders-Dispute concerning interim arrangements to be made for collection of batai during pendency of suit in civil Court-Order appointing receiver for collection of batai, selling same at best available price, and to deposit sale proceeds in treasury, held, adequately protected interests of contestants-Appellants, however, being admittedly entitled to one-half of property, allowed to with draw one-half of batai proceeds from treasury till decision of suit-Respondents also given similar right on furnishing security for refund of amount to event of rejection of their claim. Date of hearing : 9th April 1973.                                                                                                                               JUDGMENT ANWARUL HAQ, J.---This appeal by special leave of the Court is directed against an order made by a learned Single Judge of the Lahore High Court on the 20th of May 1970, where by a revision petition filed by the respondents in the matter of art interim order made in respondent's suit was accepted. The dispute in this case relates to the properties left by one Khuda Bakhsh in village Jand, Tehsil and District Bahawalpur. The appellants before us, who are his two sons, claim that the entire properties were gifted to them by their father in his life time, as he intended to exclude his other heirs from inheritance. The respondents, who are the heirs so excluded, brought a suit for challenging the validity of the gift. This suit was dismissed by the trial Court but it was decreed on appeal on the ground that the appellants had obtained the gift by…