KAMAL CHAUDHARY Vs. RAJENDRA CHAUDHARY

JUDGEMENT

(1.) This appeal by Kamal Chaudhary and Lakhan Chaudhary under Order 43, Rule 1 (S) of the Code of Civil Procedure (hereinafter referred to as 'the Code') is directed against an order passed by the learned Subordinate Judge under Order 40, Rule 1 of the Code appointing the appellants, who are defendants, as receivers to manage the suit properties till the pendency of the suit

(2.) In order to appreciate the points involved in this appeal, it will be necessary to state some material facts. Rajendra Chaudhary, Sat Narain Chaudhary and Sheo Nandan Chaudhary (plaintiffs 1 to 3) instituted Title Suit No. 82 of 1969 alleging, inter alia, that the properties mentioned in the schedule of the plaint were joint family properties and, therefore, they prayed for partition of the joint family properties. The relationship of the contesting parties would be apparent from the following genealogical table:-- <FRM>JUDGEMENT_366_AIR(PAT)_1976Html1.htm</FRM>

(3.) It may be noticed that respondents Nos. 4 to 10 were defendants 4 (ka) to 9 as defendants second party, whereas respondents Nos. 11 to 17 were the intervening defendants. Therefore, in this appeal they are respondents 3rd party.