OMPRAKASH Vs. GOVIND

JUDGEMENT

(1.) L . This appeal is directed against the order dated 18 -7 -1989 passed by the District Judge, Indore in Probate Case No. 12 of 1989 whereby the respondent's application under order 40, rule 1 read with section 151 of the Code of Civil Procedure, 1908 (for Short the Code') for appointment of receiver in respect of the subject -matter of the litigation has' been allowed.

(2.) CIRCUMSTANCES giving rise to the appeal are these. The deceased Dakhabai, widow of Narayanlal Jindal died on 5 -1 -89 at Indore. She owned considerable property, movables (loans, rents and deposits) and immovables.

(3.) THE application under the Succession Act was opposed by the present appellant Omprakash Jindal on the ground that the will is a forged one. According to him, Nathulal Jindal was his natural father but Narayanlal Jindal, the husband of Dakhabai and the brother of the said Nathulal had adopted him.