UMA SHANKAR BAJAJ Vs. NARAIN DAS

JUDGEMENT

(1.) This appeal is directed against the order dated 2nd March, 1982 passed by the Subordinate Judge, Patna appointing a Receiver in the suit.

(2.) The plaintiff instituted the suit impleading the defendants praying for the following reliefs:--

(3.) While the suit was pending, the plaintiff filed a petition under Order 40, Rule 1 of the Civil P. C. for appointment of a Receiver on the allegation that the books of the partnership firm are in possession of the defendants and it was apprehended that the defendants will either alter or do away with the books of the partnership firm and would realise money from the constituents and misappropriate the same. It was submitted that it was necessary that the assets and liabilities of the business should be administered and discharged under the supervision of an independent person during the pendency of the suit. Notice of this application was given to the defendants and both the parties were heard on the question of appointment of the Receiver and an order, as referred to above, was passed. The defendants have preferred this miscellaneous appeal against the order of appointment of the Receiver.