| Case ID |
4265d8a8-653a-4e66-b3ff-071dcaed131b |
| Body |
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| Case Number |
F.A.O. No. 364 of 2006 |
| Decision Date |
Mar 06, 2007 |
| Hearing Date |
Mar 06, 2006 |
| Decision |
The Lahore High Court set aside the order of the Trial Court appointing a receiver over the disputed property, ruling that the conditions necessary for such an appointment were not met. The Court emphasized that a receiver can only be appointed upon proof that the plaintiff has a prima facie chance of success, that there are conflicting claims to the property, and that there is immediate danger requiring action. The Court noted that the trial court had failed to evaluate these conditions adequately and that the appointment of a receiver was illegal and without authority. The High Court directed the plaintiffs to provide security to protect the defendants' interests in the income from the property while allowing the appeal. |
| Summary |
This case revolves around the appointment of a receiver in a civil suit concerning the property of Muhammad Yousaf, who was alleged to be insane. The Lahore High Court ruled on the conditions required for appointing a receiver, highlighting the necessity of prima facie evidence of success in the case, conflicting claims to the property, and an emergency situation. The Court found that the lower court had not adhered to these principles, resulting in an illegal order. The judgment emphasized the importance of procedural correctness in civil litigation, particularly regarding the rights of co-owners and the protection of their interests against wrongful dispossession. This case serves as a critical reference for understanding the legal standards applied in matters of receivership within civil procedure law, providing essential insights for legal practitioners and scholars. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI AWARUL HAQ,
MUHAMMAD USMAN
|
| Lawyers |
Masood A. Malik,
Tariq Pervaiz Malik
|
| Petitioners |
Masood A. Malik
|
| Respondents |
7 OTHERS,
MUHAMMAD SHAHBAZ
|
| Citations |
2007 SLD 1195,
2007 MLD 1121
|
| Other Citations |
1995 SCMR 584
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXII, R.10,
O.XL, R.1
|