S. C. MOHAPATRA, J.

( 1 ) THERE was a dispute in respect of the suit lands in a proceeding under S. 145, Code of Criminal Procedure in the Court of Executive Magistrate, Cuttack, bearing Misc. Case No. 314 of 1977. In the said proceeding opposite party No. 1 was appointed as receiver. A title suit for partition was also filed for the self-same property. In the title suit a prayer was made for appointment of a receiver. As opposite party No. 1 had been appointed as a receiver in the criminal proceeding, he was appointed as receiver in Civil Court also. There is no document to indicate that the appointment of Opposite Party No. 1 as receiver by the Civil Court was communicated to him or being a receiver any accounts or security was demanded from him.

( 2 ) AT the time of disposal of the suit on compromise, however, the trial Court directed the receiver to render the accounts. Basing upon this order, the petitioners filed a petition for directing the receiver to render the accounts. On being served with the notice of the petition, opposite party No. 1 appeared and claimed that he was not a receiver of the Civil Court but being a receiver of the criminal Court, he has rendered all the