CHANDULAL MADHAVLAL Vs. MANEKLAL LALLURAM

JUDGEMENT

(1.) The question in these applications is how far the receiver appointed by the Baroda Courts can be recognized for the purpose of filing suits in the British Courts. The Baroda Court appointed a receiver. He filed suits in the British Courts. Objection was then taken, which was apparently allowed, and the partners were brought on the record. Subsequently objection was taken as to limitation and contrary to the opinion implied, though not expressed, by his predecessor, the learned Subordinate Judge held that the suits were barred by limitation.

(2.) The plaintiff has applied in revision.

(3.) Our attention has been invited today to appeals on similar orders in the District Court of Nadiad, in which the First Class Subordinate Judge with appellate powers has allowed the appeals, and we are asked to follow the reasoning in the judgment in Appeal No. 40 of 1929 in that Court decided on 28 June 1930.