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ALVIA TABLIGHI TRUST versus MUJEEB-UR-RAHMAN ALVI


O XXVI, rl I The Commissioner, the appointment of an objection to the claim of the plaintiff not to be sued for the title of property, when the order of appointment of the Commissioner was approved by the consent of the parties, if the plaintiff did not have any first issue then the question would not arise. May be. In the present order there are concessions and agreements for the appointment of a Commissioner on the terms mentioned

1981CLC151

[Karachi]

Before Naimuddin, J

ALVIA TABLIGH TRUST AND 8 OTHERS‑Plaintiffs

Versus

MUJEEB‑UR‑RAIIMAN ALVI AND 7 OTHERS‑‑Defendants

Suit No. 510 of 19'7, decided on 2nd June, 1980.

(a) Civil Procedure Code (V of 1980)‑‑

_‑ O. XXVI, r. l I‑Commissioner, appointment of‑Objection to Contention as to plaintiffs having no prima facie case for title to property when order for appointment of Commissioner passed accord ing to consent of parties‑Plaintiffs if having no prima facie case no question could arise of making any concession and agreeing to appoint ment of Commissioner on terms mentioned in current order.

(b) Civil Procedure Code (V of 1908)‑

‑‑ O. XL, r. 1 ‑‑Appointment of receiver‑Two reports of Commissioners approved by consent of parties, show ins accounts not satis factorily maintained‑Meanwhile Martial Law Authority convicting main defendant and imposing fine‑Case, held, fit for appointment of receiver.‑[Receiver].

(c) Civil Procedure Code (V of 1908)‑

‑‑ O. XL. r. l‑Appointment of receiver ‑ Just and convenient What is just anti convenient‑‑Depends upon facts of each case Plaintiffs trustee: having a prima facie title to property due to same having been agreed to be purchased for and on behalf of Trust‑‑No title decd executed and question as to who paid money for purchase of property and for whose benefit came required to be purchased being in issue in suit, appointment of receiver, held, just and convenient.

Ibadat Yor khan with Muzammil Siddiqui for Plaintiffs.

Liaquat Merchant for Defendants Nos. 1 to 5.

Muhammad Hanif Khan for Defendants Nos. 6 and 7.

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