Durga Prasad v. II Additional. Civil Judge, Kanpur Nagar
1987-08-18
K.C.AGRAWAL, M.P.SINGH
body1987
DigiLaw.ai
JUDGMENT 1. Suit no. 154 of 1981 was filed by M/s Auto Mobile Financing Corporation against the petitioner, Durga Prasad Tewari, for declaration and possession of Truck no. UTD 1981. The suit was contested by the petitioner and he denied the liability claimed by the plaintiff M/s Auto Mobile Financing Corporation. 2. The plaintiff-moved an application under Order 40 Rule 1 of the Code of Civil Procedure for appointment of a receiver for taking the same into his custody. This application was numbered as 18.C. x 2. it was rejected by the trial court on 30-5-1981 on a contest put by the defendant-petitioner. Subsequently, the application was received and was allowed by the order dated 7-1-1982. By this order, Manoj Bose was appointed Receiver of the truck till the disposal of the suit on payment of Rs. 100/- per month from the plaintiff-respondent. The suit has been dismissed by the trial court on 19-3-1987. The judgment of the suit has become final, as stated in the writ petition. 3. Upon the dismissal of the suit, the petitioner moved an application for possession of the truck being delivered to him on 20th March, 1987. His case was that the truck was taken from his possession and since the suit had failed, he was entitled to get the truck from the Receiver Manoj Bose. The request for return of the truck was repeated by the petitioner on several occasions by moving one application after the other. But it is unfortunate that the Civil Judge has not passed any order uptil now, as stated in the writ petition. The Civil Judge in fact should have along with the dismissal of the suit passed an appropriate order for redelivery of the truck since it was taken from his possession. 4. We are satisfied that the Civil Judge was wholly unjustified in not making that order. We hereby order and direct the Civil Judge to make an order within 15 days of the date of presentation of a certified copy of this order for return of the truck immediately. 5. The writ petition is allowed. 6. Let a copy of this order be given to the petitioner's counsel within three days on filing an urgent application.