161. Circumstances justifying appointment of receiver before dissolution.

Unless proceedings have been instituted for the dissolution1 and winding up of the partnership, or for relief which will necessarily involve such dissolution and winding up2, the courts are generally reluctant to order the appointment of a receiver and manager in respect of a subsisting partnership3. Even where a partnership has not been dissolved and there are no such proceedings on foot, an application for the appointment of a receiver simpliciter, as opposed to that for a receiver and manager, may, however, be more sympathetically viewed by the courts4.

Further, and notwithstanding such general reluctance of the courts, it would