KUTOOR VENGAYIL RAYARAPPEN NAYANAR KARNAVAN OF KULLON Vs. KUTOOR VENGAYIL VALIYU MADHAVI AMMA

JUDGEMENT

(1.) In this application for leave to appeal to the Federal Court against the order of this Court dismissing as not maintainable an appeal against the order of the Subordinate Judge of Tellicherry removing the petitioner from receivership and appointing two others, it has been argued that the petitioner has the right to appeal either under Section 109(a) or Section 109(c), Civil P. C.

(2.) As for the first contention that the order passed by us was a final order, it is sufficient to state that a final order is contemplated under Section 109(a) must be one which affects finally the rights of parties. An order removing or appointing a receiver does not affect at all the rights of the parties ; it is merely an order making provision for the due preservation of the estate during the pendency of the suit. This is such a well-recognised principle of law that authority for this proposition should hardly be necessary. We, therefore, content ourselves with referring to Rajnithi v. Nrisingha, A. I. R. (20) 1933 Pat. 293: (12 pat. 723), in which after a full discussion of the various decisions it was held that an order appointing or removing a receiver was not a final order.

(3.) If the order is not a final order then an appeal will lie to the Federal Court only if in the words of Section 109(a), Civil P. C., it can be "certified to be a fit one for appeal." This subsection is no doubt very widely expressed ; and it might not be easy, in the absence of authority to say whether a case was a fit one for hearing by the Federal Court or not but it is clear that leave to appeal to the Federal Court should not be granted unless the question raised is a matter of considerable importance. The propriety of granting a certificate under this sub-section was considered by their Lordships of the Privy Council in Benoy Krishna Mukherjee v. Satish Chandra Giri, 66 cal. 720 : (A. I. R. (15) 1928 P. C. 49), where they remarked :