SRIMATI MATHURIA DEBYA Vs. SHIBDOYAL SINGH HAZARI

JUDGEMENT

(1.) The Subordinate, Judge of Chittagong has appointed a Receiver for the preservation of the properties in a suit brought by the plaintiff against the defendant No. 1 in possession and other defendants. For the purposes of this case the contest may be taken to be limited to be one between the plaintiff No. 1, Sivdyal Singh, the second son of the late Bhagirath Singh and the defendant No. 1, Mathuria Debi the widow of Ram Din Singh who was the eldest son of the said Bhagirath Singh and who, she alleges, was adopted by Bhagirath's elder brother, Kanta Prosad Hazari, whose estate is the subject of the litigation between the parties.

(2.) The short point for determination is whether, to use the language of Order XL, Rule 1, Section (1) of the Civil P. C., it is "just and convenient" to appoint a Receiver in the circumstances of the present case.

(3.) We do not propose to compare the provisions of Section 503 of the old Code of Civil Procedure with the corresponding provisions of Order XL, Rule 1 of the present Code. We may, however, observe that the words "just and convenient" are derived from the English Judicature Act, which greatly enlarged the powers which the Court of Chancery formerly exercised, and that the Courts in India have the fullest jurisdiction to appoint, as well as to remove, a Receiver in the exercise Of a sound judicial discretion.