MUJEEBUR REHMAN ALVI versus ALVIA TABLIGHI TRUST,KARACHI

It is not necessary to appoint an XL, r 1 recipient, an interfaith matter and proof of purpose for this purpose. Trial [Recipient]

1981 C L C 175

[Karachi]

Before Abdul Hayee Kureshi , Actg. C. J. and Zaffar Hussain Mirza, J

MUJEEBUR REHMAN ALAVI AND 3 OTHERS‑Appellants

versus

ALVIA TABLIGHI TRUST, KARACHI AND 11 OTHERS

Respondents

High Court Appeal No. 40 of 1980, decided on 1st July, 1980.

(a) Civil Procedure Code (V of 1908)‑‑

O. XL, r. 1‑‑Receiver, appointment of‑An interlocutory matter Close scrutiny and assessment of evidence for such purpose not necessary at trial‑Party seeking such relief. required only to establish arguable; case to go to trial.‑[ Receiver]

(h) Civil Procedure Code (V of 1908)‑

‑‑‑ O. XL, r. 1‑Recciver, appointment of‑Contention that prayer for rnesne profits having n.,: been made in suit receiver could not be appointed, held. without force and prayer for rendition of accounts and decree for amount found due, sufficiently meets objection.‑(Receiver).

Khalid M. Ishaque for Appellants.

K. A. Ghani for Respondents.

Date of hearing ; 23rd June, 1980.

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