Untwalia, J.

1. This miscellaneous first appeal by the appellant, who was defendant No. 1 in a partition suit, is directed against the order dated the 19th of December, 1959, of the learned Subordinate Judge refusing the prayer of the appellant for a direction to the previous receiver, Shri Kali Prasad Singh, Advocate, not to hand over charge to plaintiff respondent No. 1; who was appointed receiver by this Court during the pendency of First Appeal No. 271 of 1953.

2. In the partition suit Kali Prasad Sinha had been appointed receiver by the court below by its order dated the 11th of January, 1950. The plaintiff claimed one-sixth share in the property sought to be partitioned and, by the preliminary decree passed by the court below, the share of the appellant was also declared to be one-sixth. As against the said decree of the court below. First Appeal 271 of 1953 was filed by the appellant. The appeal was dismissed by a Bench of this Court on the 5th of November, 1959, subject to the incorporation in the decree of the right of Srimati Ramsakhi Devi widow of Gorakh Nath Singh deceased, defendant No. 11.

The plaintiff respondent filed an application in this Court on the 20th