PRAHLAD SHARMA Vs. KHUBI RAM

JUDGEMENT

(1.) THIS application under Order 40 Rule 1 C. P. C. has been filed on 17. 8. 2000 by and on behalf of the appellant for appointment of receiver in respect of the property and business of the firm M/s. Modern Auto Services, Bharatpur.

(2.) BRIEFLY stated, the relevant fact are that the appellants- plaintiffs instituted a suit for dissolution of partnership firm and rendition of accounts which was decreed by the trial court vide judgment and decree dated 13. 8. 1997 directing appointment of the receiver. The appeal filed by respondent No. 1 Khubi Ram was allowed on 23. 5. 2000 and the aforesaid judgment and decree passed by the trial court was setaside. So, the present second appeal was filed which has been admitted on 25. 8. 2000.

(3.) IT would be pertinent and useful to extract here the provisions of Rule 1 of Order 40 C. P. C. which reads as under:- 1. Appointment of receivers.- (1) Where it appears to the Court to be just and convenient, the Court may by order- (a) appoint a receiver of any property, whether before or after decree; (b) remove any person from the possession or custody of the property; (c) commit the same to the possession, custody or management of the receiver, and (d) Confer upon the receiver all such powers, as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit. (2) Nothing in this rule shall authorize the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove.