KHAGENDRA NARAIN SINGH Vs. SHASHADHAR JHA

JUDGEMENT

(1.) In this case a Rule was issued calling upon the opposite party to show cause, why the order of the District Judge in the matter of the appointment of a Receiver mentioned in the petition should not be set aside and the case sent back to him so that the matter might be determined in accordance with law.

(2.) It appears that in a case pending in the Court o? the Subordinate Judge of Mozufferpore the Subordinate Judge considered it necessary that a Receiver should be appointed and that he reported the matter to the District Judge nominating a certain person for appointment as Receiver and submitted the name of that person with the grounds for the nomination to the District Judge. The District Judge however after receiving the report appears to leave taken into consideration the grounds stated by, the Subordinate Judge and holding that there were no sufficient grounds for the appointment of a Receiver he declined to sanction the appointment and refused the application. This Rule has been obtained to set aside that order.

(3.) The Advocate-General, who appears for the opposite party, has raised a preliminary objection that, as an appeal lies against the order passed by the District Judge refusing the application, this Rule must be discharged.