BRAJ KUMAR SINGH Vs. DIWAKAR KUMAR SINGH

JUDGEMENT

(1.) Heard the learned counsel sri Raghunath Kumar appearing for the appellant and the learned counsel for the respondents also under Order 41 rule 11 C.P.C. and this appeal is being disposed of at the admission stage itself.

(2.) The appellant has filed this Misc. Appeal against the order dated 14.8.2008 passed by the learned court below in Partition Suit No. 67/07 whereby the application filed by the appellant under Order 40 rule 1 C.P.C. for appointment of receiver has been rejected.

(3.) The plaintiff respondent no. 1, Dewakar Singh @ Diwakar Kumar Singh filed the aforesaid suit bearing Partition Suit No. 67/07 claiming partition of his share to the extent of 1/5th in the suit property on the ground that the suit properties are joint and he is not getting his actual share.