BAI DIVALI Vs. VISHNAV MANORDAS

JUDGEMENT

(1.) In this cafe the Subordinate Judge in an administration suit upon issue No. 3 decided in effect a substantial question of right between the parties, and Having so decided lie appointed receivers of all the property in question in the suit.

(2.) An appeal was preferred from his judgment to the District Judge and it was sought to challenge in appeal the finding upon the third issue on the ground that it was a decree. It was, however, objected that there was no decree and the learned District Judge held that there was no decree which could be the subject of an appeal. He, therefore, disposed of the appeal confining the objections of the appellant to the order for the appointment of receivers.

(3.) Against his decision with reference to the appointment of receivers, no second appeal would lie, but the appellant comes here in second appeal contending that there has been a decree with reference to the question raised in the third issue and that the learned District Judge was wrong in declining to hear the appeal with reference to it.