1988 PLP 1115 (CLC)
ACHARYA TEJANDRAPARSAHADJI‑‑Appellant Versus KHUBCHAND and others‑‑Respondents
| Citation | 1988 PLP 1115 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian and Haider Ali Pirzada, JJ |
| Parties | ACHARYA TEJANDRAPARSAHADJI‑‑Appellant Versus KHUBCHAND and others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 1115 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1115 (CLC)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian and Haider Ali Pirzada, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1115 (CLC) (ACHARYA TEJANDRAPARSAHADJI‑‑Appellant Versus KHUBCHAND and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.S. Hamid for Appellant (in High Court Appeal No. 83 of 1987).
- Afzal Nabi for Appellant (in High Court Appeal No. 109 of 1987).
- Syed Abbas Zia for Respondents Nos. 1 and 2.
Headnotes / Summary
‑‑‑
0. XL, R.1‑‑Law Reforms Ordinance (XII of 1972), $.3‑‑Intra‑Court Appeal‑‑Appointment of receiver‑‑Single Judge of High Court ordering appointment of receiver and providing for mode of electing trustees Grievance of parties being that mode of electing trustees provided for in order of Single Judge was neither practicable nor satisfactory Division Bench allowed appeal, set aside that order and directed Single Judge to proceed from stage at which the case was when order under appeal was passed and to decide matter in accordance with law applicable to present trust.
Judgment & Decree
High Court appeal No 109 of 1987, decided on 17th September,1987. ‑‑‑
0. XL, R.1‑‑Law Reforms Ordinance (XII of 1972), $.3‑‑Intra‑Court Appeal‑‑Appointment of receiver‑‑Single Judge of High Court ordering appointment of receiver and providing for mode of electing trustees Grievance of parties being that mode of electing trustees provided for in order of Single Judge was neither practicable nor satisfactory Division Bench allowed appeal, set aside that order and directed Single Judge to proceed from stage at which the case was when order under appeal was passed and to decide matter in accordance with law applicable to present trust. S.S. Hamid for Appellant (in High Court Appeal No. 83 of 1987). Afzal Nabi for Appellant (in High Court Appeal No. 109 of 1987). Syed Abbas Zia for Respondents Nos. 1 and
2. AJMAL MIAN, J.‑‑These are the two appeals arising out of the same order passed by a learned Single Judge of this Court in Suit No. 149 of 1972, whereby the learned Single Judge has inter alia ordered that the Receiver appointed by the Court should prepare a list of all the followers of Sawaminath Jeet residing in Karachi and shall hold elections for filling in the posts of 5 trustees who shall manage the trust temple and property in dispute. It is the grievance of all the parties that mode of electing trustees provided for in the order is not practicable. It is also their grievance that there were 3 schemes before the learned Single Judge submitted by different parties and, therefore, the learned Single Judge should have considered either the above 3 schemes or should have evolved some new scheme which could have satisfied all the interested parties. We would allow the above two appeals and set aside the order and would order that the learned Single Judge would proceed from the stage at which the A case was when the order under appeal was passed. The learned Single Judge shall decide the question of scheme which is to be applied to the present trust in accordance with law. H . B . T . / A‑259/ K Intra‑Court appeal allowed.