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NUSRAT AFTAB vs RABEAH HUSSAIN O — 2025 PLD 366 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 366 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
NUSRAT AFTAB vs RABEAH HUSSAIN O
Subject matter
Criminal
Provisions referred to
Electronic Transactions Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NUSRAT AFTAB VS RABEAH HUSSAIN O. XL, R.1 & O. XXXVII, Rr. 1, 2---Specific Relief act (I of 1877), Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), arts.46-a & 78-a---Suit for declaration, rendition of accounts, recovery, permanent and mandatory injunction---Receiver, appointment of---Pre-requisites---Neither any emerging situation had been pointed out by the trial court regarding appointment of receiver, nor any persuasive reasons for exercising of powers under O. XL, C.P.C., had been divulged in the impugned order---Trial Court despite observing that the power to appoint a receiver is to be sparingly used by the courts of law, accepted the application filed by the respondents while relying upon emails despite the fact that same could not be referred until and unless they were proved in terms of the provisions of Electronic Transactions Ordinance, 2002, read with arts. 46- a & 78-a of the Qanun-e-Shahadat, 1984--- In case of any substance in the application for appointment of receiver, the Trial Court could order for inquiry and if there had been any report to the effect that the subject matter of the suit was at the verge of waste or peril, it could appoint a receiver but the same could not be done on the basis of the apprehension of the respondents---First appeal against order was accepted, in circumstances.

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