YUSUF Vs. ABDUL WAHID AND ORS.

JUDGEMENT

(1.) This petition for the removal of Abdul Wahid as Receiver has been filed in this Court by the plaintiff of Original Civil Suit No.12 of 1978, Yusuf Vs. Hamidullah and others, which is pending in the Court of Additional District Judge No. 2, Jodhpur.

(2.) The Original Civil Suit was filed by the plaintiff for rendition of accounts etc. against the defendants on March 27, 1978, in the Court of District Judge, Jodhpur. On April 16, 1979, an application by the plaintiff was moved in the Trial Court for the appointment of a Receiver, but the same was dismissed by the Additional District Judge No. 2, Jodhpur, by the order dated March 31, 1980. Against this, the plaintiff filed an appeal in this Court. This Court, by the order dated Jan. 5, 1982, allowed the appeal, set-aside the order of the Additional District Judge No. 2 and appointed Abdul Wahid (defendant No. 5), Non-petitioner No. 1, herein, as the Receiver. By the said order, the Receiver was required to comply certain conditions. The case of the petitioner is that the Receiver has committed breach of the order of this Court as also of the Trial Court and, therefore, deserves to be removed. This petition has been filed in this Court as the order of appointment the Receiver was made by this Court.

(3.) The non-petitioner No. 1 has raised a preliminary objection to the effect that this petition for his removal should have been filed in the Trial Court where the suit is pending. The application directly made to this Court is not maintainable.