JUDGMENT

Henry Richards, C.J. and Pramada Charan Banerji, J. - This appeal arises under the following circumstances. The defendant third party mortgaged a cotton ginning factory to the plaintiff on the 14th of May, 1908. The plaintiff obtained the usual mortgage decree on the 10th of November, 1910. The property was about to be sold when an application was made by the judgement-debtor pointing out that if the factory was sold he would be ruined and asking that instead of selling the factory, the court would be pleased to appoint either the plaintiff himself or some other person to be receiver over the factory. The decree-holder, apparently with some reluctance, agreed to a receiver being appointed, and the court appointed Babu Ishwar Das, a pleader, to be the receiver. Under the order the receiver's duty was to enter into possession of the factory, work the same and hold the profits for one year for the benefit of the decree-holder. It obviously was the intention of the Judge that if this plan proved a success, the appointment of the receiver would be extended over the crops for future years until the decree was discharged. The receiver duly entered into possession and worked the fa