KUAR JAGDISH BAHADUR Vs. GANESH PRASAD

JUDGEMENT

(1.) This is an application for the discharge of a Receiver appointed in circumstances, which will be presently stated. The learned Counsel i'or the opposite party has raised a oreliminary objection to the effect that the application should have been made in the court below and no such application is maintainable in the High Court.

(2.) The relevant facts are the following. The petitioner was a defendant in the suit, which was one i'or partition. The plaintiff was Kun-war Tej Bahadur, who alleged that he was the adopted son of the present petitioner. The plaintiff being a minor was under the guardianship of his natural father Sri Ganesh Prasad. In the partition action a prayer was made for the appointment of a Receiver. The learned Subordinate Judge passed an order for the appointment of a Receiver, hut did not nominate any particular person for such appointment. There was an appeal to this Court against the order of the learned Subordinate Judge, being Miscellaneous Appeal No. 230 of 1949. In that appeal there was a compromise and an order dated the 22-2-1950, was recorded in terms of the compromise. It is not necessary to quote all the terms of the order which was passed on compromise : it is sufficient to state that under those terms Sri Ganesh Prasad was appointed Receiver in respect of the properties comprised in the partition suit on certain conditions. One of the terms of the order passed by this Court on compromise stated : "That the receiver will be deemed to have been appointed by the Court below, and will be subject to the directions of that Court in the management of the properties put into his charge as receiver."

(3.) The contention of learned Counsel for the opposite party is that in view of the aforesaid order, the Receiver will be taken to have been appointed by the learned Subordinate Judge and he is amenable to the directions of the .learned Subordinate Judge in the management of the properties etc.; therefore, any ap-plication for the discharge of, or any direction to. the Receiver on the ground that he has mismanaged the properties or has failed to comply with the conditions of his appointment., must be made to the learned Subordinate Judge.