1. This Miscellaneous Appeal has been filed by defendant no. 1 of Title Suit No. 88 of 2002 against order dated 23.7.2004 by which learned Subordinate Judge VII, Biharsharif, Nalanda, allowed the petition filed by sole plaintiff (respondent no. 1) under Order XL Rule-1 of the Code of Civil Procedure (hereinafter referred to as the Code for the sake of brevity) and directed the plaintiff to deposit Receivers fees of Rs. 500.00 whereafter Receiver was to be appointed. It is also stated that the plaintiff (respondent no. 1) deposited the said amount on 24.7.2004, whereafter the learned court below by its order dated 4.8.2004 appointed Sri Sanjeev Kumar Chandrayavee, Advocate, as Receiver of the suit properties.

2. The aforesaid suit was filed by the sole plaintiff (respondent no. 1) for partition of 1/5th share claimed by her in the suit property. The claim of the plaintiff is that the suit property belonged to one Narain Mistri who died in the year 1989 leaving behind a widow, four daughters and a son, but subsequently the widow of Narain Mistri also died in the year 2001 and hence the entire property devolved upon the aforesaid four daughters and a son who are parties to the