SULTAN KHAN Vs. BRIJ MOHAN

JUDGEMENT

(1.) THIS revision application is directed against an order of District Judge, Bikaner, dated 18-7-69, by which the plaintiff-petitioner's prayer for cross-examination of the deponents on the affidavits, filed on behalf of the defendants-non-petitioners in connection with proceedings for appointment of a receiver, was disallowed.

(2.) THE petitioner Sultan Khan filed a suit against Ibrahimkhan and Brij-Mohan for dissolution of partnership and rendition of accounts in connection with the transport business alleged to have been carried on by the parties in partnership. Along with the plaint, he also filed an application for appointment of a receiver and on this application the learned District Judge, Bikaner, made an order on 31-5-69 for appointment of an interim receiver and notice was given to the opposite parties to show cause why the order of the appointment of receiver be not made final. On receipt of the notice the defendants filed their reply on 11-7-69 and in support of their reply they also submitted the affidavits of both the defendants and one Umar Khan. By an application dated 12-7-69 the petitioner-plaintiff asked for cross-examination of the persons who had filed affidavits on behalf of the defendants and himself filed a counter affidavit on 17-6-69. THE learned District Judge disallowed the petitioner's application. He held that the provisions of order 19 rule 2, G. P. C. , were not mandatory and it was in the discretion of the court to allow or not to allow cross-examination in the particular circumstances of the case. He further held that the petitioner had already filed a counter-affidavit and no useful purpose would be served by permitting cross-examination. Aggrieved by the order of the learned District Judge the petitioner has filed this revision application.