The present petition under section 115, Civil Procedure Code is by the defendants.

2. The plaintiffs-opposite parties filed a Title Suit before the learned Assistant District Judge, Lakhimpur, North Lakhimpur praying for a decree for declaration of title and khas possession over the land described in the Schedule B to the plaint and also for mesne profit. In the plaint attachment before judgment of the paddy cultivated on the said land for this year was prayed for and it was also prayed that a receiver be appointed. Only one petition was filed alongwith the plaint under Order 38 Rule 5 and Order 40 Rule 1, Civil Procedure Code and the said petition is available at Annexure I to the present petition. In this petition, in para 7, it was stated that the defendants illegally raised paddy in the above land in spite of objection by the plaintiffs and accordingly, it was prayed that a receiver may be appointed for the purpose of reaping and harvesting the paddy and also for future cultivation. A joint prayer was also made for conditional attachment of the land pending final orders.

3. By order dated 5.11.90, the learned trial Court after hearing the learned counsel for the plaintiffs and af

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