RAM KHELAWAN Vs. SUDAMA DEVI

JUDGEMENT

(1.) This first appeal from order is directed against an order passed by the learned Civil Judge of Faizabad on 6-9-1960 in miscellaneous case No. 25 of 1960 appointing the defendant-appellant Receiver of the property in suit and directing him to furnish security for Rs. 15,000/-for accounting and for making good any loss to the estate in case a decree was passed against him.

(2.) One Smt. Sudama Devi filed a suit in forma pauperis against the defendant-appellant in which she claimed a decree for possession over the properties detailed in the plaint, inter alia, on the ground that she was the only daughter and sole hear of Ram Samujh, the deceased brother of defendant-appellant, that all the properties, which were subject-matter of the suit, were properties left by deceased Ram Samujh, that the defendant had no right to possess them and she should be put in possession of the same. She also prayed for being declared a pauper and being allowed to sue in forma pauperis.

(3.) On the same date she also made an application under Order 39, Rule 7 read with Order 41, Rule 1, C. P. C. in which she alleged that the opposite party, on hearing about the application to sue as a pauper, will try to remove the articles so that the applicant may get nothing, and will thus put the applicant to irreparable loss by their removal, concealment or conversion and, therefore, she prayed that the court may be pleased to appoint a Commissioner to inspect and prepare a list of the articles mentioned in the plaint and to preserve the same, till the disposal of the application or the suit. In this application she gave a list of the properties which consisted of a pukka house valued at Rs. 6,000/- and a large number of ornaments and other moveables valued at about Rs. 22,000/-.