Madan Mohan Prasad J.

This is an appeal by the plaintiff - appellants against an order refusing to appoint a receiver in a suit for partition.

2. According to the plaintiffs, they and the defendants are the descendents of one Gaju Kumar who had two sons, Chanchal Kumar and Bajit Lal Kumar. Chanchal had a son Medni whose widow is plaintiff no. 1 and their daughters are plaintiffs 2 to 4. Chanchal had another son Tilakdhari whose sons and daughters are defendants 1 to 5.

On the other hand Bajit Lal Kumar's widow was one Bujhawati whose sons and daughters are defendants 6 to 9. It is said that Medni had separated in mess and residence as well as status from the other members of the family long before 1956 and the widow of Bajit and his sons and daughters were also messing and residing separately. The joint family of the descendants of Gaju Kumar had considerable properties. After Medni's death the plaintiffs and defendants 1 to 5 have been cultivating separately portions of joint family land and have been appropriating the usufruct and the remaining properties in joint management. The widow of Bajit and defendant no. 6 were allotted a portion of the joint family property for thei