| Case ID |
2d4c7ca7-367d-415d-9725-97789e13abf3 |
| Body |
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| Case Number |
Second Miscellaneous Appeal No. 75 of 1956 |
| Decision Date |
Feb 17, 1959 |
| Hearing Date |
|
| Decision |
The appeal by the defendants challenges the appointment of a Receiver. Initially, a proceeding under section 145 of the Criminal Procedure Code was initiated by the plaintiffs against the defendants regarding the suit land. The Sub-divisional Officer attached the land and appointed a Receiver. The Magistrate found that the defendants had possession and ordered them to retain it until evicted legally. Subsequently, the plaintiffs filed a Title Suit for recovery of possession and mesne profits. The learned Judge appointed a Receiver subject to a security deposit. The defendants' petition to cancel this appointment was dismissed, leading to the appeal. The court ruled that the order dismissing the objection to the Receiver's appointment is appealable. The appellants agreed to furnish security and maintain accounts, leading to the decision to vacate the Receiver's appointment if conditions are met. In default, the appeal would be dismissed with costs. |
| Summary |
This case revolves around a dispute concerning the appointment of a Receiver under the Civil Procedure Code. The plaintiffs initiated legal proceedings to recover possession of land after a Magistrate's ruling favoring the defendants. The court emphasized the appealability of the order rejecting the objection to the Receiver's appointment, citing relevant precedents. The final decision allowed the appeal contingent upon the appellants providing security, ensuring proper management of the land's produce. This case highlights significant aspects of civil procedure and the enforcement of legal rights in property disputes. |
| Court |
Dacca High Court
|
| Entities Involved |
Not available
|
| Judges |
Justice Akbar,
Justice Khan
|
| Lawyers |
Fazlul Karim,
Matilal Acharyya,
P. N. Bhattacharyya
|
| Petitioners |
Others,
Muhammad Hanif Munshi
|
| Respondents |
Others,
Abdul Latif Howladar
|
| Citations |
1960 SLD 443,
1960 PLD 414
|
| Other Citations |
Rowland Hudson v. John Pierpoint Morgan and others 13 C W N 654,
Agabeg v. Mst. Sundari 48 I C 133,
Pandit Ramswarup v. Raghunandan 78 I C 1031
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XL, r. 1,
O. XLIII, r. 1 (s)
|