| Citation(s) |
|---|
| 1986 SLG 1045 1986 SLD 1045 1986 SCMR 1973 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.243-K of 1985, decided on 30th May, 1985., (On appeal from the judgment of the High Court of Sind, Karachi, dated 7th May, 1985, in R. No. 88 of 1985. )
ABDUL QADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Petition for Leave to Appeal No.243-K of 1985, decided on 30th May, 1985., (On appeal from the judgment of the High Court of Sind, Karachi, dated 7th May, 1985, in R. No. 88 of 1985. )
ABDUL QADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
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NASEEM AHMAD and others
VS
Mst. SABIRA BEGUM-
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3)--Civil Procedure Code (V of 1908), S. 96(3), O.XXIII, R. 3--Consent order--Suit for declaration and rendition of accounts-Appointment of receiver with consent of counsel for both parties-Unsuccessfully challenged in revision--Plea that no such consent was given by petitioners counsel, not entertained because affidavit to that effect was not filed by counsel in High Court nor this aspect of matter was dealt with there--Petition for leave to appeal dismissed with observation that if receiver does not perform his functions satisfactorily, it was always open to Court to remove him and pass suitable order for proper management and custody of property in dispute Akhlaq Ahmad Siddiqui, Advocate Supreme Court for Petitioners. Nemo for the Respondent. Date of hearing: 30th May, 1986. ORDER ZAFFAR HUSSAIN MIRZA, J.--By this petition, petitioners Naseem Ahmad Khan and others seek to call in question order dated 7th May, 1985, passed by a learned Single Judge of the High Court of Sind, at Karachi, whereby their revision application was dismissed. 2. According to the learned counsel for the petitioners, respondent Mst. Sabira Begum has filed a suit for declaration and rendition of accounts against the petitioners, on the plea that she is owner to the extent of 3/7 share in the business concern known as Nafees Bakery along with residential accommodation on the first floor of the building housing the business concern. It is stated that in the written statement filed by the petitioners they have admitted the claim of the said respondent and agreed to render accounts of the profits coming to the share of the respondent. Notwithstanding the aforesaid, before further proceedings in the suit on the motion of the respondent the trial Court appointed petitioner No. 1 as a receiver of the property in dispute by order, dated 21st April, 1984. Subsequently, however, on certain allegations, the respondent moved the trial Court for removal of petitioner No. l as receiver and appointment of husband in his place. But the learned trial Court removed petitioner No. l from receiver and appointed Mr. Badrul Alam, Advocate, as receiver. 3. The…
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