JUDGMENT

John Woodroffe, J. - This appeal arises out of a suit for a declaration that a certain rent-decree dated the 13th February 1919, obtained by the defendant as Receiver against the, plaintiffs is invalid and inoperative. The defendant was appointed Receiver of the estate of Kumudini Dasi, one of the widows of Gopal Lal Seal, on the 7th January 1918. The defendant instituted a rent suit as Receiver. It is alleged that during the pendency of that suit, he was discharged as Receiver and thus unable to maintain and continue the suit, and that such discharge took place on the 28th January 1919. He was not, it is said, reinstated until the 17th February 1919, and that the decree passed in the rent-suit on the 13th February 1919 in favour of the Receiver is invalid. It is alleged that the Receiver purposely withheld this information from the Court, namely, that he was discharged, and thus induced the Court to believe that he was Receiver and he thus obtained a decree in his favour. It is said that the decree was secured by suppression of material facts and thus it was inoperative entitling the appellants to bring this suit to have it set aside. As I said, the Receiver is said to hav