JOTI PRASAD Vs. RAMESHWAR NATH

JUDGEMENT

(1.) THIS is an appeal by the defendant.

(2.) THE plaintiff in the suit, which is still pending, had made an application for appointment of a Receiver. THE trial court did not appoint a Receiver but directed the defendants to deposit a sum of Rs. 40/- per month in Court. THE amount was to be deposited six monthly. THE first deposit was ordered to be made by 18-3-1976.

(3.) THERE is an objection by the respondent to the maintainability of the first appeal from order. The submission is that the order under appeal is not an order under Rule 1 or Rule 4 of Order 40 of the Code of Civil Procedure for it is only such an order which is appealable.