Kailash Chandra Joshi, J. - (1.) THIS civil misc. appeal is directed against the order dated 03.01.2012 passed by learned District Judge, Jaisalmer in Application No. 20/2009 filed under Section 40 of the CPC, whereby the learned trial court allowed the application. The brief facts of the case giving rise to the present appeal are that the respondent No. 1 Eklavya Singh filed a suit before the learned District Judge, Jaisalmer. In the suit it was contended by respondent -plaintiff Eklavya Singh that he was partner of the firm M/s. Lakha Granites. It was averred that his partnership was terminated in a fraudulent manner. He sought settlement of his accounts and also sought relief for treating him to be continuing partner of the firm M/s. Lakha Granites. The respondent No. 1 Eklavya Singh filed suit in his personal capacity as well as in the name of M/s. Lakha Granites by showing himself to be partner of the firm. The defendants raised objection before the trial court that the suit was not maintainable on behalf of the firm and that too at the behest of Eklavya Singh, who retired way back in the year 2005.
(2.) ALONGWITH the suit, two applications were filed by the plaintiff on 09.07.2009. In the first application bearing No. 19/2009, the plaintiff made prayer for temporary injunction under Order 39 Rule 1 and 2 CPC. The second application under Order 40 CPC was filed for appointment of receiver. The present appellants submitted written statement and denied the contentions raised by the respondent in his plaint. Reply to the applications No. 19/2009 and 20/2009 was also filed. The counsel for the appellants also submitted written arguments and judgments in support of the arguments before the trial court.
(3.) AFTER hearing both the parties, the learned trial court rejected the application for grant of temporary injunction filed under Order 39 Rule 1 and 2 CPC. However, the application filed under Order 40 CPC was allowed vide the impugned order dated 03.01.2012. Being aggrieved by the said order, the present civil misc. appeal has been preferred.;