PLD 2019 Sindh 564 Order 40 Rule 1 Appointment of Receiver, A receiver is sometimes appointed to preserve property during litigation between two parties who appear to have an equal right to use the property but who are unwilling to acknowledge each other’s interest. A judge can appoint a receiver following the filing of an application, or petition, with the court.
Order 40 Rule 1…Receiver, appointment of…Pre-conditions…Court usually do not appoint receiver in respect of business which are making profits but at same time, if substantial issues are raised and there is a likelihood that property is in danger or partnership business, if continued in same manner, may deprive excluded partner from his legitimate share, a receiver can be appointed.
Main Ingredients of PLD 2019 Sindh 564
Order 40 Rule 1
Appointment of Receiver
Substantial Issues
Property in Danger
Partnership Business
Legitimate Share
CH MUHAMMAD SHAHID BHALLI
Advocate High Court
Mob: 0301-6001125