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(3) As regards questions of fact which have to be proved by adducing other evidence,
the court may decide the question provisionally reserving the right to file a suit when a
finding on merits can be given without holding a detailed inquiry.
CHAPTER XLVI
APPEALS
451. Appeals.— (1) An appeal from the final order made in the inventory proceeding
shall lie to the competent Court depending upon the value of the assets and such appeal
shall be deemed to be an appeal under section 96 of the Code of Civil Procedure, 1908 ( 5
of 1908).
(2) An appeal from order shall lie from every order, other than a merely administrative
order, made in inventory proceeding to the competent court depending upon the value
given to the assets at the time the order is made and appeal shall be deemed to be an
appeal under section 104 of the Code of Civil Procedure, 1908 (5 of 1908).
CHAPTER XLVII
PREVENTIVE MEASURES
452. Appointment of Receiver.— (1) After the filing of the inventory proceeding,
pending appointment of the head of the family, where there is a just apprehension that the
assets of the estate are in danger of being wasted, damaged or dissipated or alienated,
the court may, upon an application of any party interested in the preservation of the assets,
and, or of its own motion, order that a list of the assets with their description and estimated
value, be prepared. The court shall place the assets in the custody of a Receiver who may
be either the applicants the person in possession or any other interested party. The Receiver
shall manage the assets and render accounts. The list of assets prepared under this clause
shall form part of the list of assets in the inventory proceeding.
(2) When the court is satisfied that the delay will defeat the very object of the relief
sought, it may pass such order, ex- parte.
(3) Upon hearing the person dispossessed by the ex parte order, the court may either
confirm or vacate the ex parte order passed. In case it is confirmed, such assets shall be
handed over to the head of the family appointed in the inventory proceeding.
453. Temporary Injunction.— When an interested party has reasonable apprehension
that another interested party may cause damage to the assets of the inheritance, or commit
acts which may cause grave and irreparable injury to his right, he may apply for a
temporary injunction or such other order as may be just and proper to avoid such injury or
damage. The court may pass an interim ex parte order, when it is satisfied that the delay
will defeat the very object of the relief sought.
CHAPTER XLVIII
MISCELLANEOUS