SUBBAE GOUNDER Vs. PALANATHAL

JUDGEMENT

(1.) THE petitioner, the husband, is canvassing in this civil revision petition the correctness or propriety of the order of the lower Court in appointing a commissioner ex parte under Order 39, Rule 7, C. P. C. , in a maintenance action filed by the wife against him. The respondent wife as plaintiff alleges-

(2.) AN application under Order 39, Rule 7 is provided for in Chapter entitled "temporary injunctions and interlocutory Orders" of the Civil Procedure Code. Any order that a Court can pass under Order 39, Rule 7 is generally governed by Order 39, Rule 8, which appears to be a supplement to the earlier rule.

(3.) ORDER 39, Rule 6, C. P. C. , enables the Court, on an application of any party to a suit, to appoint a person to sell moveable properties which is subject to decay and which is the subject-matter of the suit. Such person appointed is terminology called a Commissioner. Even so, Order 39, Rule 7 inter alia provides that the Court on the application of any party to a suit has the power to authorise any person to enter upon any property which is the subject-matter of the suit and in the possession of the other party and pass such feasible orders a3 are necessary for the detention, preservation or inspection of any property which is the subject-matter of such suit, or as to which any question may arise therein. Such a person appointed is also called a Commissioner. But Order 39, Rule 8 (1) and (2) read as under:-