DAMODAR PRASAD MOHANTY Vs. NARAYAN PRASAD MOHANTY

JUDGEMENT

(1.) THE only question that arises for consideration in this application under Section 115 of the Code of Civil Procedure, 1908, (in short, the 'Code') is whether learned Second Addl. Civil Judge (Senior Division), Cuttack was justified in accepting prayer for discharge of Receiver after preliminary decree was passed in a suit for partition. Learned Civil Judge was of the view that there being no specific order in the judgment regarding continuance of the Revenue Inspector, Kanakpur who was appointed as Receiver during pendency of the suit, he was to be discharged from Receivership, According to learned counsel for petitioner, the impugned order is against principle governing Receivership.

(2.) THERE is no appearance on behalf of the opp. parties in spite of notice.

(3.) THE receiver appointed by Court should as normal rule, be a person wholly disinterested in the subject -matter. But it is competent to the Court to appoint as receiver a person who is mixed up in the subject -matter of the litigation, if it is satisfied that the appointment will be attended with benefit to the estate. The selection and appointment of a particular person as receiver is a matter of judicial discretion to be determined by the Court according to the circumstances of the case. A receiver is an officer of the Court and is not an agent of a party to the suit, notwithstanding that in law his possession is ultimately treated as possession of the successful party on termination of the suit. It is within the discretion of a Court appointing a receiver in a suit to order that office should continue permanently after decree or for so long as it may be so. When no limit of time is fixed and the suit is dismissed, it will operate as discharge of receiver. But it suit is decreed it is not necessary to direct in the judgment that he may be continued.