(1.) This Rule, at the instance of a defendant-appellant, was issued on an application under section 115 of the Code of Civil Procedure questioning the legality of order dated 17.5.1999 passed by the Additional District Judge, Dhaka in Miscellaneous Appeal No.58 of 1991 dismissing the same and thereby affirming order dated 21.3.1991 passed by the Sub-Ordinate Judge, Second Commercial Court, Dhaka in Title Suit No. 243 of 1989. By the said order dated 21.3.1991 the learned Sub-ordinate Judge had allowed an application under Order XL rule 1 of the Code of Civil Procedure for appointment of a receiver of the suit property.