| Case ID |
036f1029-967e-412f-90d3-4f1f29d10433 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.243-K of 198 |
| Decision Date |
May 30, 1985 |
| Hearing Date |
May 30, 1986 |
| Decision |
The petitioners sought to challenge the order dated 7th May, 1985, from the Sind High Court which dismissed their revision application. The case involved a suit for declaration and rendition of accounts filed by Mst. Sabira Begum against the petitioners regarding a business concern, Nafees Bakery. The trial Court had appointed a receiver for the property in dispute, which the petitioners contested. The Supreme Court found no merit in the petition, noting that the appointment of the receiver was based on the consent of both parties' counsel. The petitioners' claims of lack of consent were dismissed due to the absence of an affidavit supporting their claims in the High Court. The petition was ultimately dismissed, stating that if the receiver failed to perform satisfactorily, it was within the Court's power to remove him and ensure proper management of the property. |
| Summary |
In the case involving Mst. Sabira Begum against petitioners Naseem Ahmad and others, the Supreme Court of Pakistan addressed a civil petition regarding the appointment of a receiver for a business property. The case revolved around issues of consent, management of the property, and the legal rights of the parties involved. The court emphasized the importance of documented consent in legal proceedings and affirmed the role of the trial court in managing property disputes. The decision highlighted the necessity for clear communication and documentation between legal representatives, especially when handling business affairs. This ruling serves as a crucial reference for similar cases in the realm of civil procedure and property management, underlining the principles of consent and the authority of the court in appointing receivers. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Akhlaq Ahmad Siddiqui, Advocate Supreme Court,
|
| Petitioners |
others,
NASEEM AHMAD
|
| Respondents |
Mst. SABIRA BEGUM
|
| Citations |
1986 SLD 1045,
1986 SCMR 1973
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S. 96(3),
O.XXIII, R. 3
|