JUDGMENT

S.R. Das, J. - The suit in which this application has been made is a partition suit filed by one Kalachand Chunder, an attorney of this Court for partition of premises No. 7 Murali Dhar Sen Lane.

2. On 22nd December 1941, a preliminary decree was passed in this suit declaring the shares of the parties in the property and appointing Mr. T. Chatterjee as the Commissioner of partition and Mr. Salehjee as the receiver. By this decree it was provided, inter alia, that in the event of the said Commissioner of partition finding that the said premises could not be conveniently and reasonably partitioned by metes and bounds the Commissioner of partition should sell the same by private treaty or by public auction to the best purchaser provided the Commissioner of partition considered that a sufficient bid had been offered. The Commissioner of partition was directed to fix a reserve price and was given liberty to issue advertisements for sale. Liberty was also given to the parties to bid at the sale.

3. On 3rd March 1944, Mr. T. Chatterjee and Mr. Salehjee were by an order of Court discharged and Mr. A.C. Gupta was appointed the receiver and Commissioner of partition on the same remuner