LAWS(CAL)-1954-2-2

DHRUBENDRA DEB ROY Vs. KUMARENDRA DEB ROY

Decided On February 04, 1954
DHRUBENDRA DEB ROY Appellant
V/S
KUMARENDRA DEB ROY Respondents

JUDGEMENT

(1.) The appellants who are the plaintiff's in a suit for removal of the defendant from the shebaitship of the Idols Sri Sri Iswari Hanseswari and others, applied for the appointment of a receiver pending the suit. That application was rejected by the trial court on the 18th of August, 1951. An appeal was preferred against this order of refusal to the District Judge, Hooghly, and on the 5th of April, 1952, the learned Subordinate Judge to whom the appeal had been transferred for disposal passed an order allowing the appeal "on consent". The defendant prayed for review of this order allowing the appeal and on the 22nd of May, 1952, the learned Judge passed the following order :

(2.) In this appeal which is against the conditional order under which the review petition was allowed and the appeal was restored to file by the Judge's order of the 23rd of May, 1952, a preliminary point has been raised on behalf of the respondent that the appellants having applied for payment and received an order for payment of the costs mentioned above, are precluded from appealing against that order.

(3.) The principle that has to be applied in these cases was laid down by Mookerjee, J. in the case of Manilal v. Harendra Lal, 12 Cal LJ 556 (A), in these words :