1981CLC151 (PLP)
ALVIA TABLIGH TRUST AND 8 OTHERS‑Plaintiffs Versus MUJEEB‑UR‑RAIIMAN ALVI AND 7 OTHERS‑‑Defendants
| Citation | 1981CLC151 (PLP) |
| Forum / Court | Karachi |
| Bench Members | Naimuddin, J |
| Parties | ALVIA TABLIGH TRUST AND 8 OTHERS‑Plaintiffs Versus MUJEEB‑UR‑RAIIMAN ALVI AND 7 OTHERS‑‑Defendants |
Q1: What are the key laws and sections cited in 1981CLC151 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981CLC151 (PLP)?
The case was heard and decided by the Karachi bench comprising: Naimuddin, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981CLC151 (PLP) (ALVIA TABLIGH TRUST AND 8 OTHERS‑Plaintiffs Versus MUJEEB‑UR‑RAIIMAN ALVI AND 7 OTHERS‑‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
(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.
Judgment & Decree
_‑ 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.