BAIKUNTHANATH SAHU Vs. GANGADHAR SAHU

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Ist Additional District Judge, Puri affirming the order of the learned Subordinate Judge in removing the petitioner from the office of receiver.

(2.) The petitioner and opposite parties 1 to 4 are brothers and have constituted a partnership firm by name Durga Wood Works. The firm is engaged in timber business and owns a saw mill at Nayagarh. Alleging that the opposite party No. 2 and the petitioner have been misutilising the assets of the firm and misappropriating its funds and have commenced another rival partnership firm by name M/s. Kalinga Wood Works which is also engaged in timber business, the opposite party No. 1 has filed T. S. No. 188 of 1986 in the court of the learned subordinate Judge, Nayagarh for dissolution of the partnership firm Durga Wood Works and for rendition of accounts. The case of the contesting defendants is that the plaintiff has ceased to be a partner of the firm since March, 1985 after taking retirement from the firm by receiving Rs. 50,000 / - from the defendants and as such, he has no locus standi to file the suit.

(3.) During the pendency of the suit, the plaintiff opposite party No. 1 filed three petitions for appointment of receiver, for injunction and for preparation of inventory of the assets of the firm. Those three petitions having been rejected, he filed M. A. No. 67 of 1987, M. A. No. 94 of 1987 and C. R. No. 29 of 1987 in this Court. All those three matters were disposed of by this Court on 13-12-1990 by appointing the petitioner (defendant No. 3) as receiver of the properties and assets of the firm and also its running business. It is relevant to quote the operative part of the order: