LAWS(PAT)-2003-7-84

BHIKARI SINGH Vs. RAM NAGINA SINGH

Decided On July 10, 2003
Bhikari Singh Appellant
V/S
RAM NAGINA SINGH Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 14.5.2002 passed in Title Appeal No. 24 of 2001 by the District Judge, Buxar regarding appointment/continuance of receiver under Order 40, Rule 1. of the Code of Civil Procedure.

(2.) THIS appeal has been preferred under Order 43, Rule 1(s) of the Code of Civil Procedure. A partition suit was filed by the respondents. It was contested and dismissed. Then the appeal was filed. During the course of proceeding by the original court it appears that defendant Bhikari Singh was appointed as receiver. After the suit has been dismissed the procedure regarding removal of the receiver has not been taken as is contemplated from the impugned order being passed. Then the appeal was filed and it was presumed that the receiver was still continued. Then a petition was filed from the side of the appellant before the appellate court and on the basis of that petition present order impugned has been passed. By that order the receiver appointed previously has been removed. If he has not submitted accounts then definitely such removal is alright but then the other orders passed as to making bid by the parties and the highest bidder would be appointed as receiver is totally unknown procedure as adopted by the learned District Judge for the purpose of receiver. There is no scope of such bidding. Moreover it appears that the grounds on which the receiver is sought to be appointed by the appellate court do not cover the provisions of Order 41. Hence the impugned order except removal of the receiver is hereby set aside.