1. In First Appeal No. 33 of 1943, decided on 31-10-1947, one Sadanand son of Chait-ram Gontia was appointed Receiver. He took charge of mouze Deori on 8-9-1943 and of mouza (sic) on 9-9-1943. Sadanand died on 8-4-1948. After his death another receiver was appointed.

2. The present application is by the Plaintiffs (Appellants) for taking accounts from the legal representatives of the receiver and for the amount in. their hands. An application was made to the Court below to the same effect but it was (sic) that the legal representatives were not accountable. It is pointed but that the receiver presented accounts for the "period 25-8-1943 to 29-7-1944 and a sum of Rs. 630/1/- is due from the estate of the receiver. The accounts, however, require scrutiny as they were not passed.

3. We may mention the fact that the present Applicants (Appellants) had stood surety for the receiver when he was appointed and are really liable to the same extent as the receiver. Since the non-Applicants were not represented at the hearing, we requested Shri M.N. Phadke and Shri A.P. Sen to act as 'amici curiae'. We are indebted to them for their help.

4. Two questions arise here. The first is whether