INDRAJIT CHATTERJEE, J. - (1.) THIS is an application under Article 227 of the Constitution of India, wherein the order dated 02/12/2013 passed by the learned Additional District Judge, 1st Court, Siliguri in Misc. Appeal no. 1(2) of 2013 has been assailed before this court. Learned Advocates for the parties are present. Perused the application including the Annexures.
(2.) IN the midst of hearing, a photo copy of the objection petition is filed by the defendant no.3 Sushil Jaiswal. Let it be taken on record.
(3.) IT is the submission of Mr. Satyajit Talukdar, representing the present petitioner/defendant no.1 by taking me to page 31 of the application at page 16, wherein there is clear recital, as claimed by this petitioner "That the statements made in paragraph 12 are more or less correct but the properties described in schedule "B" below cannot be distributed and cannot be subject matter of the present suit as the said properties were distributed amongst the plaintiffs and the defendants before filing the present suit." It is the further submission of Mr. Talukdar that unless the trial Court is satisfied that the Schedule "C" properties are still there to be distributed, the receivership cannot continue in respect of the "C" schedule property, as mentioned in the application under Order XL Rule 1 of the Code of Civil Procedure. It was his further argument that the trial Court may make a preliminary hearing on this point as to whether such properties are still there to be distributed.;