Partap Singh v. The Delhi And London Bank, Limited

Aikman, J.:— This is an appeal from an order of the court below refusing the appellant's application, for the appointment of a receiver. The respondent Bank, which is not represented here, held a decree against the appellant for Rs. 35,000. In execution of this decree the respondent Bank attached two decrees held by the appellant, the aggregate amount of which is said to be upwards of a lakh of rupees. The Bank applied for sale of the decree. The judgment-debtor presented an application to the lower court stating that if the decrees were sold, the result would be that both he and the Bank would be losers, and he prayed the court to appoint a receiver to realize the amount of his decrees attached by the Bank. The learned Subordinate Judge in his order under appeal states that the judgment-debtor's case is a pitiable one, as there is very little likelihood of the decrees fetching a suitable price at the auction sale. But he was of opinion that section 503 of the Code of Civil Procedure did not apply to a case like the present, and accordingly rejected the application. In our opinion the opening words of the section are wide enough to cover a case like the present. We accordingly allow the appeal, set aside the order of the lower court, an I remand the case to that court with instructions to re-admit the application under its original number in the register and adopt proper steps for the appointment of a receiver. We make no order as to costs.

2. Appeal decreed.