1. The appeal arises out of an application for the appointment of a receiver which has been allowed in a partition suit. The main question for decision in the suit is said to be whether the parties are joint or separate. The learned Subordinate Judge has declined to consider this question at this stage because it is virtually deciding the whole suit: but in cases where a receiver is applied for, it is settled law that the applicant should at lease present a prima facie case and should convince the court that there may be a fair chance of succeeding in the suit. The learned Subordinate Judge has come to no conclusion that the applicant has presented a prima facie case, or that he is convinced that there may be a fair chance of the plaintiff succeeding in the suit. In this position of affairs the learned Government Advocate, who appears for the opposite party, agrees with the learned Counsel for the petitioner, that the best course will be for the matter to be sent back to the Subordinate Judge for a decision of this point after considering the evidence of which there is said to be a considerable mass on the record.
2. It is agreed, however, that the receiver should remain for the present, until this matter has been decided by the learned Subordinate Judge in accordance with law.
3. The receiver will accordingly remain for the present in possession, of such property as he has already taken possession of, and the learned Subordinate Judge will decide the question of whether a receiver should be appointed or not at as early a date as possible.
4. The records with the affidavits will be sent down as soon as possible.
5. Case sent back.