1. This is an appeal against a judgment and order of Coyajee J., on a notice of motion whereby he refused to appoint a Receiver of certain property. The defendant is the son of the plaintiff and the shares of the plaintiff and the defendant in the said property are 4 annas and 12 annas respectively. It is alleged that there are two existing mortgages for Rs. 15,000/- and Rs. 35,000/- on this property. The plaintiff says that these mortgages are bogus and the only person who can file a suit to set aside the mortgages, according to the plaintiff, is a Receiver if appointed of the said property and it is mainly in the ground that these mortgages ought to be set aside that an appointment of a Receiver was applied for. The learned Judge, although he came to the conclusion that there were circumstances in which the mortgages appeared to be suspicious, refused to appoint a Receiver but made an order for deposit of certain money per month for the share of the plaintiff in the income of the said property. It is against the order refusing the Receiver that the present appeal has been filed.

2. A preliminary objection has been raised as to the maintainability of the appeal. Now, it is