SURENDRA NATO BHATTACHARJEE Vs. HARENDRA NATH BHATTACHARJEE

JUDGEMENT

(1.) THIS is an application purported to be made under section 151 of the Code of Civil Procedure by the plaintiff-appellant, inter alia, for removal of Receiver and for appointment: of another disinterested person as Receiver briefly in the following circumstances : the appellant has instituted a suit in the City Civil Court at Calcutta inter alia, for declaration of his right title and interest in respect of a business of mainly publishing medical books entitled S. Bhattacharyya and company including its branches and ether connected business. The petitioner after institution of suit made an application for appointment of Receiver but the Court returned the plaint on account of absence of jurisdiction. Against that order the petitioner came up in appeal to this Court and in the connected Rule obtained by the petitioner, respondent No. 1, Harendra nath Bhattacharyya, who is the son of the appellant, was full powers under or. 40 R. 1 of the Code of Civil Procedure but without any remuneration and without security He was also directed to submit quarterly accounts to the Court below and to act in all other matters under the directions of that court.

(2.) THE trial Court by an order dated 7. 1. 1967 directed the Receiver to deposit a sum of Rs. 250/- per month to the credit of the appellant without prejudice to the contentions of the respective parties. This Court ultimately allowed the appeal on terms and remanded the matter for further hearing on the points of jurisdiction and valuation.

(3.) AS regards the Receiver this court made the following order :