LAWS(PAT)-1997-1-73

TETRI KUER Vs. RAJ MANO KUER

Decided On January 12, 1997
Tetri Kuer Appellant
V/S
Raj Mano Kuer Respondents

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) BY the order impugned dated 7.12.1995, passed by the learned Subordinate Judge I, Garhwa, in Partition Suit No. 9 of 1994, the prayer made on behalf of the plaintiffs respondent Nos. 1 and 2 under Order XL Rule 1 of the Code of Civil Procedure (hereinafter referred to as the Code) has been allowed and a direction has been issued for appointment of the receiver.

(3.) LEARNED Counsel for the appellants further submitted that there was no material before the learned Court below showing that there was eminent danger to the properties of the co -sharers either by alienating the same or by cutting the trees etc. Learned Counsel, therefore, submitted that the learned Court below only after seeing the evidence adduced by the parties could have passed the order impugned for appointment of receiver.