Law:

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Civil Procedure Code (V of 1908)-------O. XL, R.1---Receiver, appointment of---Principles---Rule 1 of O.XL, C.P.C. authorized the court to appoint a receiver wherever it appeared to be just and convenient to do so---Under said provision of law appointment of receiver had been left to the discretion of the court---principles for appointment of receiver were that discretion should be used sparingly and should be exercised to safeguard the interest of all the parties as well as property which was subject-matter of the litigation and possession of person bona fide in occupation of property should not be disturbed---Before passing order under R.I of O.XL, C.P.C., the applicant had to make out a prima facie case that he owned the property in question or had a substantial interest in the same which required probation and preservation pending final determination of the rights of the parties in the suit---Receiver could not be appointed because of expected waste, unless some proof of waste and mismanagement of the property or apprehension of irreparable loss and injury was available---Mere allegation in that respect in the application was not sufficient to pass such harsh order to deprive the bona fide occupant from the possession of the property---Where no case for appointment of receiver was made out, frivolous application moved by the applicant in that respect just to waste the precious time of the court, was dismissed with costs. 1999 SCMR 2215 ref. Abid Feroz for Plaintiff. Kauser Amin for Defendants Nos.1 to 5. Abdul Kareem Siddiqui for Defendants Nos.6 and 7. Khizer Asker Zaidi, Asstt. A.-G. for Defendants Nos.9 and 11. Nemo for Defendant No.8. ORDER NADEEM AZHAR SIDDIQI, J.---Office has reported that the defendant No.11 has not filed written statement since 25-1-2008. This suit is for specific performance of contract. From perusal of the contents of plaint it appears that the said defendant is a pro forma defendant and has nothing to do with the dispute in hand. It also appears that the defendants Nos.9, 11 and 12, who are all official defendant, have also nothing to do with the controversy and they were merely impleaded as party to the proceedings for the…

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