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Civil Petition for Special Leave to Appeal No. 248 of 1968, decided on 21st June 1968.

(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 20th March 1968, in C. M. Nos. 1 and 2 of 1968 in Letters Patent Appeal No. 14 of 1968).

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--- O. XL‑Appointment of receiver by High Court‑Supreme Court ordinarily does not inter fere with save in exceptional circumstances.

Munawar Akhtar, Advocate Supreme Court instructed by S. Inayat Husain, Attorney for Petitioners.

Nemo for Respondents.

Date of hearing : 21st June 1968.

‑This Court does not ordinarily interfere in the matter of appointment of a Receiver by the High Court unless the circumstances are altogether of an exceptional character, so that refusal might entail risk of clear abuse of process or some gross act of injustice.

In this case, the suit of the respondents has been decreed and the said decree has been upheld till the second appellate Court. While admitting the Letters Patent Appeal the Court under the impression that the disputed property was in possession of a Receiver, ordered maintenance of status quo till disposal of the appeal. Later, when it was brought to the notice of the Court that the Receiver appointed by the Tehsildar had been removed and that after grant of stay in the Letters Patent Appeal one, Habibur Rahman, was appointed as a Receiver, the Court pointed out that the appointment of a fresh Receiver was not contemplated by its order. The Court, therefore, removed Habibur Rahman and appointed respondent No. 2, Mehr Khurshid Ahmad, in his place on his furnishing security in the sum of Rs. 5,000.

In the facts and circumstances of the case, the Letters Patent Bench has, in our opinion, exercised its discretion judicially and properly. We, therefore, see no ground for interference and dismiss this petition.

Leave refused.

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