1. The present challenge arises out of an order appointing a receiver passed in favour of the plaintiff/respondent in a partition suit.

2. Learned counsel for the appellant argues that in the absence of any strong case of defalcation and/or misappropriation being made out in the receiver application and in support thereof, the learned Trial Judge was not justified in passing an order of receiver, thereby displacing the appellants from a running business of restaurant and bar, the licence in regard to which is held in the name of the appellant no. 1 alone.

3. Learned counsel further submits that the learned trial Judge was of the opinion that the jointness of the property is in doubt, but still, without considering the maintainability of the partition suit, which is a part of the prima facie case in grant of receiver, passed the order impugned herein appointing a receiver.

4. Learned counsel for the respondents places reliance on one of the annexures to the application filed in connection with the appeal, at page-214 thereof, indicating therefrom that the receipt for tax, rates and fees as assessed by the Gram Panchayat is in the name not only of the appellant no.1 alone but also in t