DINESH KUMAR GUPTA Vs. DEOBRAT LAL

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been preferred against the order dated 15.3.97 passed in Title Suit No. 1 of 1992 by Sri B.K. Sinha, Sub -Judge 1st, Khagaria, whereby he has been pleased to reject the application of the plaintiffs -appellants filed under Order 40, Rule 1 of the Code of Civil Procedure.

(2.) THE brief facts of the case is that the plaintiffs -appellants brought Title (Partition) Suit No. 1 of 1992. for partition of his 1/6th share in the suit property. During the pendency of the suit, he filed an application under Order 40 Rule 1 of the Code of Civil Procedure on 19.8.96 for appointment of Receiver in respect of the suit properties described in Schedule -II, IIA to HE on the ground that the suit properties are in danger of being misused and misappropriated by the defendants and, therefore, for proper management of the suit property the appointment of Receiver is essential. Learned Sub -Ordinate Judge after hearing the lawyers of both the parties passed the impugned order on the petition of the plaintiffs -appellants filed under Order 40 Rule 1 of the Code of Civil Procedure and by a detailed order dismissed the application and rejected the prayer of the plaintiffs - appellants for appointment of Receiver.

(3.) ON the other hand, the argument of the learned Advocate of the respondents is that the plaintiffs by filing two memorandum of partition before the court below has accepted that the suit properties had already been partitioned and, as such, the learned Sub -Ordinate Judge has rightly rejected the prayer of the plaintiffsappellants for appointment of Receiver.