JIBANESSA KHATUN Vs. MAJIDUNNESSA KHATUN

JUDGEMENT

(1.) These two appeals have been preferred against an order of the Subordinate Judge of Backergunge, deciding, on the application of the plaintiff, Majidunnessa Khatun, in a suit for the partition of the Haturia estate, that a Receiver should be appointed pendente lite, and a subsequent and ancillary order of the same Judge appointing a certain Mr. Tweedie to the receivership.

(2.) The earlier order is assailed on two grounds, namely:

(3.) First, that there is still pending before the District Judge of Backergunge a proceeding under Sections 93 to 100 of the Bengal Tenancy Act, 1885, for the appointment of a common manager of the Haturia estate, which ousts the jurisdiction of the Civil Court in respect of the appointment of a Receiver and secondly, that on the merits, no case for the appointment of a Receiver under Order XL of the Code of Civil Procedure, 1908, has been established.