SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1951 Supreme(Ker) 129

SUBRAMONIA.IYER
Kochu Kumari – Appellant
Versus
Krishnan Janardhanan – Respondent


Judgment :-

1. The petitioner seeks revision of an order passed by the court below refusing to remove the Receiver. On the question as to whether this revision is maintainable or not, learned counsel for the petitioner relies upon the decision of Fazal Ali, C.J. of the Patna High Court (he then was) sitting with another learned judge of the same court to the effect that whatever may be the position as regards orders actually removing Receivers, an order refusing to remove a receiver is certainly not appealable. (Vide Surendra v. Nasar Chand - ILR. 25 Pat. 775). With great respect I follow that decision and hold that the order in this case is not appealable and therefore a revision lies. On the merits of the application, the lower court says that "the facts alleged in the petition are insufficient to quash the order passed by this Court". It appears to me that the matter cannot be disposed of in this summary fashion and the learned Munsiff is bound to deal with the various grounds on which the relief by way of removal of the Receiver is sought and come to a conclusion. The order sought to be revised is therefore set aside, the revision is allowed and the case sent back to the Munsif

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top