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1996 Supreme(Pat) 701

R.N.SAHAY
Ram Ekbali Singh – Appellant
Versus
Sheo Pujan Singh – Respondent


Judgment

1. The plaintiffs - appellants application for appointment of receiver in a suit for partition having been dismissed by the Subordinate Judge-I, Siwan, the appellants seek an order by this Court for appointment of receiver.

2. Admittedly, a small portion of suit property only stands jointly in the name of appellants-defendants-respondents Nos. 1 to 5 situated in the village Dumrakala in the district of Siwan. The appellants are more interested in appointment of receiver in respect of properties situated in West Bengal and other properties which are claimed to be ancestral properties of the plaintiffs and defendants-respondents Nos. 1 and 6 situated in the district of West Dinajpur in West Bengal. The properties standing in the name of respondents Nos. 1 and 6 in West Bengal were mentioned in Schedules 3 to 5 of the plaint and it is claimed by the respondents to be their exclusive property. The contesting defendants had no objection for the partition of the properties mentioned in Schedule Nos. 1 and 2 situated in Siwan. It is stated that defendant No. 6 is not a member of the joint family, who has 1/2 share in Schedules 3 to 5 properties. It is alleged by respondents defend





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