Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title: MRS. MEHAR SULTAN JUNG vs QURBAN HUSSAIN Case No.:Civil Petition for Special Leave to Appeal No. K-135 of 1971 L. P. A. No. 117 of

JUDGMENT

Reported As: 1972 SCMR 73 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-This petition for leave is from an order of the High Court of Sind & Baluchistan, dismissing the petitioner's application under section 151 of the Code of Civil Procedure. On the 10th February 1971, the petitioner had filed an application foe the appointment of a Receiver of the property in dispute and it was disposed of by consent order on 7 of May 1971, whereby the disputed property was attached. The petitioner thereafter filed an application under section 151, Cr. P. C. For a direction that the Nazir of the High Court be asked to collect the occupational charges from the persons in possession of the property in dispute and to look after the property. Evidently this direction could not be given unless the Nazir had been first appointed as the Receiver. The petitioner, however, was not prepared to make an application for the appointment of Receiver. The learned Single Judge was of the view that the petitioner could only obtain the relief asked for under Order XL, rule I of the Code of Civil Procedure and he accordingly dismissed the petitioner's application. The petitioner's Letters Patent Appeal was also dismissed in limine by a Division Bench of the High Court. We see no reason to interfere with the order of the High Court. The petitioner may pursue her remedy under the appro--priate provisions of the Code of Civil Procedure. It is well settled that where the Code has provided for a particular proce--dure the provision of section 151 of the Code is not available. The petition is dismissed.th

Related Legal Research & Directories

• Browse all judgments from Supreme Court of Pakistan
• Browse Pakistani court decisions from the year 1971
• Search Pakistani statutes: Constitution of Pakistan 1973, PPC, CrPC, CPC & Family Laws
• Analyze this case with Al Wakeelo AI Legal Assistant