BISHWANATH KANDELIYA Vs. DEVKINANDAN KHANDELIYA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondents.

(2.) THIS miscellaneous appeal has been filed against the judgment and order dated 3.2.2003, passed in Title Suit No. 5 of 1998, by which the learned Subordinate Judge -Ill, Khagaria, dismissed the petition of the appellant for appointment of receiver under the provision of Order 40, Rule 1 of the Code of Civil Procedure.

(3.) ON the other hand, learned counsel for the defendant -respondents no.1 and 2 claims that the plaintiff -appellant is no more a partner in the firm concerned as it has been dissolved as far back as in the year 1992 by a document signed by all the parties to the firm including the plaintiff -appellant. He further submits that Hindustan Petroleum Company Ltd. has issued licence in the names of defendants no.1 and 2 only and they are running business exclusively.