MARY Vs. BIJU P SEBASTIAN

JUDGEMENT

(1.) Petitioners are aggrieved as learned Munsiff has declined to appoint a Receiver for the suit property.

(2.) The Code of Civil Procedure, 1908 (for short, "the Code") has invested with the court a discretionary jurisdiction to appoint a Receiver when it appears to the court "to be just and convenient" to do so. As the provision reads the discretionary jurisdiction arises only when it is shown that it is "just and convenient" to appoint a Receiver It is relevant to note how that expression came into the Code.

(3.) The Code of Civil Procedure, 1882 (for short, "the Code of 1882") dealt with the power of court to appoint a Receiver thus: