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Judgment
B.N. Sapru, J.—This is an appeal by the Defendant.
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.
Aggrieved, the Defendants have filed the present first appeal from order.
In the appeal, by an interim order dated 7-1-1977, the operation of the order of the trial court dated 27-2-1976, which is appealed against, was stayed.
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 CPC for it is only such an order which is appealable.
The Plaintiff had sought the appointment of a receiver under Order 40 Rule 1, CPC The Court refused to appoint a Receiver but it appears to have made an order u/s 151, CPC which order is not appealable under Order 43 Rule 1(s), Code of Civil Procedure.
The objection raised by the Respondent succeeds.
The appeal is accordingly dismissed. There will be no order as to costs.