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1994 Supreme(Raj) 578

M.C.JAIN
Sudhirbhai R. Patel – Appellant
Versus
Bank of Baroda – Respondent


Advocates:
For the Appellant:Mr. Shyam Sharma, Advocate.
For the Respondent:Mr. K.M. Mathur, Advocate.

JUDGMENT

1. This is an appeal under Order 43 Rule 1(s), Civil Procedure Code against the order of the learned Additional District Judge No. 2, Ajmer dated February 21, 1989 by which he has appointed Shri Om Prakash Mangal, Advocate for the protection and preservation of the properties of the defendant- appellant No. 2 M/s Primado Marbles Pvt. Ltd., Makrana. The facts of the case giving rise to this appeal may be summarised thus.

2. In the year 1986, the plaintiff-respondent No. 1 filed a suit for the recovery of certain amount against the defendant-respondent No. 2 M/s Primado Marbles Pvt. Ltd., Makrana. The appellant and the respondents Nos. 3, 4 and 5 were impleaded in the suit as defendants, being Directors of the Company. They could not personally be served with the summons. Their summons were published in newspapers. In the year 1989, they moved applications for setting aside the exparte orders passed against them. Meanwhile, an application under Order 40 Rule 1, Civil Procedure Code was moved for the appointment of a Receiver. In their reply, Praveen Bhai D. Patel (defendant No. 2) and Jetindra Bhai N. Patel (defendant No. 3) submitted that they have ceased to be the Directors











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