Dave, J.—The above noted appeal and revision arise out of same case and therefore they are disposed of together.

2. The facts giving rise to them are that Ramswarup, who is appellant in the appeal and non petitioner No. 1 in the revision application, has filed a suit for possession of gold and silver ornaments and utensils in the court of the learned District Judge, Jodhpur. It has been averred by him that he was adopted as a son by Shrikishan, deceased husband of defendant No. 1, Mst. Kesar, Bansilal, defendant No. 2 is brother of defendant No. 1. It has been alleged by the plaintiff that defendant No. 1 has given certain ornaments to defendant No. 2 and that she wants to deprive the plaintiff of other ornaments and utensils which are in her possession on behalf of the plaintiff. He has filed with the plaint two lists first being about those articles which are said to have been given away to defendant No. 2 and the other about the ornaments and utensils which are still in possession of defendant No. 1.

3. On the same date on which the suit was instituted, i. e , 15.10.56, the plaintiff presented an application requesting the court to appoint a receiver and direct him to take into hi

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