This is an original action wherein the relator seeks a temporary writ of prohibition and an alternative writ of mandate. The facts are as follows:
1. The relator is defendant in an action filed in the Black-ford Circuit Court on the 18th day of December, 1964, in Cause No. 16263.
2. The plaintiff,' in said cause of action, on December 18, 1964, filed an application for an appointment of a receiver pendente lite.
3. On the day said application was filed, the court fixed the 23rd day of December, 1964, for the hearing on said application for receiver.
*1794. At the time the date for the hearing was fixed, counsel for the relator was present in court and engaged in conversation with counsel for the plaintiff below.
5. On the 23rd of December, 1964, the relator filed its special appearance, a plea in abatement, a motion for a continuance, and a motion for change of venue from the judge. The Respondent Judge overruled the plea in abatement, the motion for continuance, and the motion for change of judge, and proceeded to the hearing on the appointment of a receiver. The motion for change of venue was unverified and was unsupported by affidavit. Such motion for change of venue was limited to the receivership application.
Supreme Court Rule 1-12B (1), 1964, reads as follows:
“In all cases where the venue of a civil action may now be changed from the judge or the county, such change shall be granted upon the filing of an unverified application or motion without specifically stating the ground therefor by a party or his attorney. Provided, however, a party shall be entitled to only one (1) change from the county and only one (1) change from the judge.”
We conclude that under the law existing prior to the adoption of Rule 1-12B(1), the relator would have been entitled to a change of venue from the judge on the application for the appointment of a receiver if a proper application was filed.
Prior to Rule 1-12B(1), Burns’ Indiana Statutes, Anno., § 2-1402, (1946 Repl.), read as follows:
“Change of judge in cases not triable by jury. — When any matter of a civil, statutory or equitable nature not triable by a jury, is pending, the judge before whom said cause is pending shall change the venue thereof upon the application of either party to such cause, made upon affidavit, of either party or his attorney, showing any one [1] or more of the reasons named in the statutes of this state authorizing changes of venue from the judge in civil actions. And the presiding judge shall make an appointment of a special judge to hear such cause in the manner provided by law for changes of venue in civil actions.”
*180In the case Stair v. Meissel (1934), 207 Ind. 280, 192 N. E. 453, this Court said the provisions of Burns’ Indiana Statutes, Anno., § 2-1402, (1933 Rep].) providing for a change from the judge in certain proceedings is broad enough to include application for receivership in a pending suit.
We then come to the question of whether or not the application in the form filed, and at the time filed, was adequate to meet the other provisions of Rule 1-12B.
Supreme Court Rule 1-12B(7), 1964, reads as follows:
“Provided further, a party shall be deemed to have waived a request for a change of judge or county if a cause is set for trial before the expiration of the date within which a party may ask for a change, evidenced by an order book entry and no objection is made thereto by a party as soon as such party learns of the setting for trial. Such objection, however, must be made promptly and entered of record, accompanied with a motion for a change from the judge or county (as the case may be) and filed with the court.”
The application for change of judge is as follows:
“STATE OF INDIANA 1 r SS ’ BLACKFORD COUNTY J
IN THE BLACKFORD CIRCUIT COURT NOVEMBER TERM, 1964
BRUNSWICK CORPORATION 1 CAUSE NO. 16263 VS | RECEIVERSHIP VICTORY LANES, INC. J APPLICATION ONLY
MOTION FOR CHANGE OF JUDGE
Victory Lanes, Inc., by its attorney, defendant, moves the Court for a change of venue from the Honorable Orville *181A. Pursley the Judge before whom this cause is now pending for the following cause:
On account of the bias and prejudice of said Judge against the defendant, and to their defense of this action which bias and prejudice the defendant say now exists.
/s/ David D. Wilson David D. Wilson Attorney for Defendant”
It is evident from the application that the relator has not conformed with the provisions of Rule 1-12B(7). The application for the appointment of receiver was, on the 18th day of December, 1964, set for hearing, or trial, on the 23rd day of December, 1964. The setting of such hearing, or trial, was entered in the order book on the 18th day of December, 1964.
In his application for change from judge, supra, the relator did not conform to the requisites of Rule 1-12B (7) in that he failed to show in his motion, or any other supporting documents furnished us in such action, why he did not object when he first learned of the setting of such cause for trial. Relator failed to show that he acted promptly as required under Rule 1-12B(7), if his right to change of venue from judge was to be preserved.
The petition together with the supporting exhibits failed to show compliance with Rule 1-12B(7) and, in addition thereto, certain exhibits filed by the respondent indicate that relator, by counsel, had full knowledge of the setting for hearing of the application for the appointment of receiver and that relator, by counsel, delayed its objection as provided by Rule 1-12B(7).
We conclude that the temporary writ was improvidently issued, and a permanent writ is denied.
Hunter, C. J., Arterburn and Mote JJ., concur.
Jackson, dissents with opinion.