NITYA NANDA GHOSH Vs. ALO RANI GHOSH

JUDGEMENT

(1.) This civil revision under Section 115 of the Code of Civil Procedure is directed against a judgment dated May 28, 1997 passed by the learned Additional District Judge, 1st Court at Alipore whereby the Misc. Appeal filed by the respondents against the order dated June 30, 1992 passed by Sri. S.L. Biswas, learned Assistant District Judge, 9th Court at Alipore was allowed and the aforesaid order dated June 30, 1992 was set aside.

(2.) Petitioners in the present civil revisional application are the plaintiffs in a suit filed in the year 1984. The suit is for partition and relates to the entire assets of the business being carried out under the name and style of 'Dacca Cinema Cabin' at 56, Park Street, Calcutta. In this pending suit the plaintiff-petitioners filed an application under Order 40 Rule 1 (a) of the Code of Civil Procedure for appointment of a Receiver. Vide the order number 66, dated March 29, 1988 the learned Assistant District Judge seized of the aforesaid suit dismissed the application of the petitioners-plaintiffs by holding that on proper consideration of the circumstances it was not just and convenient to appoint any Receiver in respect of the suit property and the buisiness.

(3.) I have seen that order and I find that it was passed by the learned Asstt. District) Judge on contest and it is an elaborately Speaking and very well-reasoned one. Against this order a Civil Misc. appeal was filed by the plaintiff-petitioners in this Court being F.M.A.T. No. 2690 of 1988 (F.M.A. 178 of 1996). A Division Bench of this Court vide judgment and order dated June 15, 1999 summarily dismissed the appeal In terms of Order XLI, Rule 11 of the Code bf Civil Procedure but however observing that such dismissal should not influence the outcome of the present revisional application.