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Judgment
Horwill, J.—In this application for leave to appeal to the Federal Court against the order of this Court dismissing as not maintainable an
appeal against the order of the Subordinate Judge of Tellicherry removing the petitioner from receivership and appointing two others, it has been
argued that the petitioner has the right to appeal either u/s 109(a) or Section 109(c), Civil P. C.
As for the first contention that the order passed by us was a final order, it is sufficient to state that a final order is contemplated u/s 109(a) must
be one which affects finally the rights of parties. An order removing or appointing a receiver does not affect at all the rights of the parties ; it is
merely an order making provision for the due preservation of the estate during the pendency of the suit. This is such a well-recognised principle of
law that authority for this proposition should hardly be necessary. We, therefore, content ourselves with referring to Rajniti Prasad Singh and
Others Vs. Nrisingha Charan, , in which after a full discussion of the various decisions it was held that an order appointing or removing a receiver
was not a final order.
If the order is not a final order then an appeal will lie to the Federal Court only if in the words of Section 109(a), Civil P. C., it can be ""certified
to be a fit one for appeal."" This subsection is no doubt very widely expressed ; and it might not be easy, in the absence of authority to say whether
a case was a fit one for hearing by the Federal Court or not but it is clear that leave to appeal to the Federal Court should not be granted unless the
question raised is a matter of considerable importance. The propriety of granting a certificate under this sub-section was considered by their
Lordships of the Privy Council in Benoy Krishna Mukherjee v. Satish Chandra Giri, 66 cal. 720 : A. I. R. 1928 P. C. 49, where they remarked :
They think it right to add that, as a general rule and in the absence of special circumstances or some unusual occasion for its exercise, the power
of making interlocutory orders is one which is not a suitable subject for review by the Judicial Committee.
It is no doubt true that the question decided by us is one of jurisdiction ; but the matter is not here of any great importance, nor can the question
whether one person or another should be appointed as receiver ordinarily be of any great practical importance. We do not therefore consider that
this is a fit case for the granting of a certificate for appeal to the Federal Court. We are fortified in our conclusion by the remarks of the learned
Judges in Mahomed Musaji v. Ahmed Musaji, 18 C. L. J. 507 : 10 I. C. 439, where they said, in considering a similar application :
We are, however, not concerned with the propriety or otherwise of the order against which leave is sought; it is sufficient to say that no special
question arises, such as would justify an order under clause (c) of Section 109 of the Code or under Clause 40 of the Letters Patent.
The petition is dismissed with costs.