KUTTEER VENGAYIL RAYARAPPAN NAYANAR KARNAVAN OF KUTTEER Vs. KUTTEER VENGAYIL VALIYA MADHAVI AMMA

JUDGEMENT

(1.) The appellant was appointed a receiver in O. S. No. 28 of 1945. Upon a petition by some of the parties to the suit, who made certain allegations of maladministration, the appellant was removed from his receivership by the Subordinate Judge of Tellicherry and two others were appointed in his stead. A preliminary point argued in the appeal is whether the appeal is maintainable.

(2.) We have no doubt that the law in most High Courts, including this High Court, is that no appeal lies against an order removing a receiver. The matter came up directly for decision in C. M. A. No. 278 of 1914 before a Bench of this Court; and it was held that in the absence of any special provision in the Code for an appeal against an order removing a receiver, no appeal would lie. The learned Judges purported to follow Ramaswami Naidu v. Ayyalu Naidu, 46 M. L. J. 196 : (A. I. R. (11) 1924 Mad. 614), although the question that came up for decision in that appeal was whether any appeal lay against an order refusing to remove a receiver. If an order removing a receiver were appealable, then an order refusing to remove a receiver would also be appealable and vice versa. Even if this matter were res integra, we should be of opinion that no appeal lies against the order removing a receiver; for Section 104, Civil P. C., begins by saying : "An appeal shall lie from the following orders and . . . . . from no other orders" This seems to us to make it clear that unless an appeal is specially provided for in the Code, no appeal will lie against any order.

(3.) The learned Advocate-General relies on Sripati Datta v. Bibhuti Bushan Datta, 53 cal. 319 : (A. I. R. (13) 1926 cal. 593) and Abdul Kadar v. R. M. P. Chettiar Firm, A. I. R. (25) 1938 Rang. 387 : (1938 Rang. L. R. 586), in which it was held that an order removing a receiver was appealable. In both these oases, the learned Judges relied on the provisions of Section 16, General Clauses Act, which runs :