1. Petitioners are aggrieved as learned Munsiff has declined to appoint a Receiver for the suit property.

2. The Code of Civil Procedure, 1908 (for short, "the Code") has invested with the court a discretionary jurisdiction to appoint a Receiver when it appears to the court "to be just and convenient" to do so. As the provision reads the discretionary jurisdiction arises only when it is shown that it is "just and convenient" to appoint a Receiver. It is relevant to note how that expression came into the Code.

3. The Code of Civil Procedure, 1882 (for short, "the Code of 1882") dealt with the power of court to appoint a Receiver thus:

"Chapter XXXVI Appointment of Receivers.

503. Whenever it appears to the court to be necessary for the realisation, preservation or better custody or management of any property, movable or immovable, the subject of a suit, or under attachment, the court may by order –

(a) appoint a Receiver of such property (and, if need be),

(b) remove the person in whose possession or custody the property may be from the possession or custody thereof;

(c) commit the same to the custody or management of such Receiver; and

(d) ................."

(empha