Code of Civil Procedure, 1908–Order 39, Rules 1& 2, Order 40, Rule 1–While dealing with the appeal against the order of granting temporary injunction and appointment of receiver, High Court directed to put the property in public auction–Justification–None of parties did suggest for doing so–Neither any compelling circumstance nor any compelling necessity in the interest of adjudication exists to compel the disposal of property–Impugned order is per se illegal–High Court is directed to decide the appeals on merits.
