AIR 1963 CALCUTTA 647

Calcutta High Court

Hon'ble Judge(s): P. C. Mallick , J

(A) Civil P.C. (5 of 1908) , O.40 R.1— Administration suit for framing scheme for debutter property - Alienation of property challenged - Alienee not parties - Court can appoint receiver and authorise him to file suit on title for recovery of property - Suit by receiver is maintainable. In a suit for administration of debutter property by the deity with a shebait as next friend for framing of a scheme the Court appointed a receiver under O. 40 Civil P.C. The deity as also all the shebaits were parties to the suit. The allegation made in the suit was that a number of Debutter properties had been wrongfully alienated and the ' prayer was for the removal from management of the members of the Committee and for administration of the Debutter estate. The alienee not being necessary or proper parties was not parties to the suit. The Court appointed a Receiver and authorised him to institute suit for recovery of the properties alienated. The Receiver instituted a suit as an officer of the Court for the benefit of the Debutter estate, challenging the alienation made prior to the institution of the administrative suit. The question was whether such a suit by the receiver, before a decree in the administrative suit was maintainable. Held that according to Hindu law the only person entitled to institute a suit for setting aside an alienation of a property....