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Srimat Ujjani Sadharma Simhasanandiswara Charappattadhyasksha Marulasidda Raja Desikendra Mahaswarmulu Vs. Srimat Ujjani Sadharma Simhasanandeswara Charapattadhyasksha Siddalinga Raja Desikendra Mahaswarmulu, by His Agent Chennabasappa - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in17Ind.Cas.16
AppellantSrimat Ujjani Sadharma Simhasanandiswara Charappattadhyasksha Marulasidda Raja Desikendra Mahaswarmu
RespondentSrimat Ujjani Sadharma Simhasanandeswara Charapattadhyasksha Siddalinga Raja Desikendra Mahaswarmulu
Excerpt:
civil procedure coda (act 7 of 1908), order xl, rule 1 - appointment of receiver--properties not comprised in suit. - .....those included in schedule a to the plaint. there is nothing in the plaint which can be taken to make the properties in schedule b. appended to the receiver petition the subject-matter of the suit. we cannot agree with the learned counsel for the respondent that rule 1, order xl, of the code of civil procedure, empowers the court to appoint a receiver, of properties which cannot, in any way, be dealt with by the court in the suit. a receiver, therefore, cannot be appointed in this case to take charge of the properties in schedule b appended to the plaintiff's petition. it is suggested that, probably, the judge did not intend to make the order include these properties, but the order is vague and at least liable to misconstruction. it must be restricted in terms to the properties included.....
Judgment:

1. The plaintiff in his plaint sued to recover the properties in Schedule A appended to it. When he put in his application for the appointment of a Receiver, he appended another schedule to it, which he called B. The affidavit also stated that the suit was for the recovery of the properties in schedule A. It seems to be fairly clear that the properties in schedule B were not part of those included in schedule A to the plaint. There is nothing in the plaint which can be taken to make the properties in schedule B. appended to the Receiver petition the subject-matter of the suit. We cannot agree with the learned Counsel for the respondent that Rule 1, Order XL, of the Code of Civil Procedure, empowers the Court to appoint a Receiver, of properties which cannot, in any way, be dealt with by the Court in the suit. A Receiver, therefore, cannot be appointed in this case to take charge of the properties in schedule B appended to the plaintiff's petition. It is suggested that, probably, the Judge did not intend to make the order include these properties, but the order is vague and at least liable to misconstruction. It must be restricted in terms to the properties included in the plaint. We modify the order of the lower Court accordingly. There will be no order as to costs in this Court either in this appeal or in the petition before Mr. Justice Sankaran Nair.


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