DAMODAR NANDRAM Vs. PANALAL MADIRAM

JUDGEMENT

(1.) This is an appeal from an order which is expressed to be an attachment of property before judgment by the appointment of a receiver.

(2.) So far as it is expressed to be an attachment presumably the order was passed under Section 483 of the Civil Procedure Code and it appears to us that in this respect the order was erroneous; because that section provides for the attachment of the property of the judgment- debtor; and it is common ground here that this is not the property of the judgment-debtor but is joint property of the partnership.

(3.) This objection however does not apply to the appointment of a receiver which is the proper order to make in a case of this kind and it seems that the provisions of Section 505, Civil Procedure Code, have been complied with.