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Judgment
K.S. Menon, J.—This is an appeal against the order of Pandrang Row, J., in A.A.O. No. 70 of 1936 confirming the order of the
Subordinate Judge of South Malabar at Calicut dismissing an application for the appointment of an interim receiver pending disposal of O.S. No.
29 of 1935.
The suit is by a junior member of Patinhafakettu Tavazhi of Pudia Kovilagam for the removal of the managers of the tavazhi appointed under a
karar of 1914. Pending the suit this application was made for the appointment of a receiver for the management of the properties of the tavazhi.
The learned Subordinate Judge dismissed the application, holding that it was not competent for the Court to appoint an interim receiver in a case of
this kind. Our learned brother Pandrang Row, J., differed from the. learned Subordinate Judge in his opinion on this point and held that it was open
to the Court, when circumstances require, to appoint an interim receiver in cases of this kind. We agree with our learned brother in his opinion that,
in suits, for the removal of a karnavan or a manager appointed under a family karar, a receiver can be appointed during the pendency of the suit if a
proper case is made out. The question therefore in this case is whether sufficient cause has been shown for the appointment of a receiver. Our
learned brother, after observing:
Mere charges of mismanagement and fraud would not be sufficient. They must be established prima facie before the appointment of an interim
receiver is made.
Concludes as follows:
In this particular case it cannot be said that these charges have been established prima facie at this stage.
As the learned Subordinate Judge held that the petition itself was not competent, he made no enquiry at all to ascertain whether the plaintiff
could prima facie establish the charges and whether it was just and convenient in the circumstances of the case to appoint a receiver. That appears
to be the reason why no attempt was made by the plaintiff to establish the charges referred to in the plaint by adducing such evidence as was
absolutely necessary for the purpose of the petition by affidavit or otherwise. If the plaintiff is able to show sufficient cause for the appointment of a
receiver by adducing such evidence it would certainly be competent for the Court to appoint a receiver, and we are of the opinion that the plaintiff
should be given an opportunity to do so. As such an opportunity has not been given and as we do not think it is proper to dispose of the petition
on the materials on record we allow the appeal, set aside the order of our learned brother and of the Court below and remand the petition to the
Subordinate Judge for trial and disposal according to law in the light of the observations in this judgment. Till the disposal of this petition the order
made by this Court on the 7th May last in CM.P. No. 2065 of 1936 will continue to be in force. Costs of this petition in this Court and in the
Court below will abide and follow the result.