S RAMALINGAM CHETTIAR Vs. S SARVESWARAN

JUDGEMENT

(1.) THIS is a civil revision petition against the judgment of the learned Fourth additional Judge, City Civil Court, Madras, in C. M. A. NO. 205 of 1975, preferred against the order of the learned Second Assistant Judge, City Civil court, Madras.

(2.) THE suit has been filed by respondents 1 to 3 herein against the civil revision petitioner and respondents 4 and 5 for a declaration that the partnership firm which was carrying on business under the name and style of the Madras standard Engineering Works has been dissolved with effect from 25-8-1975, for appointment of a Commissioner to take the account of the partnership firm and for appointment of a receiver to take charge of the partnership firm with all its asset, movables, etc. , sell the same and deposit the proceeds into court for division among the partners. Along with the suit, I. A. No. 18362 of 1975 was filed under O. XL, R. 1 C. P. C. , for the appointment of a Receiver to take charge of the dissolved partnership business and its assets pending disposal of the suit. An ex parte order was passed on 12-9-1975 appointing a receiver. Defendants 1 to 3, who came to know about the appointment of receiver, appeared in court and filed I. A. No. 18684 of 1975 on 18-9-1975 to suspend the ex parte order passed in I. A. No. 18362 of 1975 appointing receiver. On the same day, they filed I. A. No. 18685 of 1975 under S. 34 of the Arbitration Act to stay the trial of the suit. The trial court dismissed the petition for stay, and this order was confirmed by the appellate court. Hence, this civil revision petition has been preferred by the first defendant.

(3.) IN the instant case, the defendants did not ask the plaintiffs to take a step, but themselves took a step in the proceedings by asking the court to vacate the order of appointment of a receiver. In other words, they invited the court to pass an order.