B. Ambalal vs Vijay Singh

Nigam, J.C.

Ambalal obtained decree No. 4 of 1950 against Vijay Singh Istimrardar of Deolia Kalan and filed an application in execution on 17-5-1952. The decree was sought to be executed by sale of a two storeyed building in Purani Mandi Ajmer. Subsequently on 26-8-1952 an application under S. 151, Civil P.C., read with O. 40, R. 1 of the same Code was filed requesting that a receiver be appointed for realization of the income of the three villages Shokla, Kheri and Bagai. The learned Senior Subordinate Judge held that the decree-holder had to be restricted to the decree he had obtained and therefore a receiver of the property could not be appointed. Against that order, Ambalal decree-holder, has come up in appeal. I have heard the learned counsel for the parties.

As stated above, the application for execution did not contain a prayer either for the sale of the three villages or for appointment of a receiver under S. 51 of Civil P.C. As such, I do not see how a receiver could have been appointed on the application dated 26-8-1952. The decree-holder, if he wishes that a receiver should be appointed, should file a fresh application for execution praying execution of the decree by appointment of a receiver under S. 151, Civil P.C. Then it will be for the executing court to consider the request on merits.

In view of the fact that no such request was made in the execution application, there is no force in this appeal, I dismiss it with costs.