SALMA MAJHI Vs. BIJA MAJHI

JUDGEMENT

(1.) Heard.

(2.) In this application under Order 40, Rule 1, C.P.C., plaintiff-appellants pray for appointment of receiver of the suit land measuring an area of Ac. 7.91 decimals.

(3.) On a bare reading of the provision in O. 40, R. 1, C.P.C., it is clear that the matter relating to appointment of receiver is purely at the discretion of the Court. It is the well accepted principle that such discretion should be exercised judiciously and not arbitrarily. Therefore, from the facts and circumstances, available to it, a Court shall consider whether it is just and convenient to appoint a receiver for the subject-matter of dispute. In that context, it is to be considered, if the party applying for appointment of receiver has an excellent chance of success in the suit, there is danger to the suit property being wasted or mismanaged or the disputed property remains uncared for being in medio (sic) and that the person applying for the appointment of receiver has a better claim over the subject-matter of dispute than the person who is in wrongful possession of the same. All such requirements to the extent of availability and applicability are to be considered with due reference to the pleadings and the evidence available on record.