( 1 ) ORDER passed on 23. 1. 2001 by learned Single judge on an application filed by Satinder Singh Chhabra (respondent No. 13) directing him to be impleaded as one of the defendants in the suit is under challenge by the appellant. The appellant is defendant No. 1 in the suit. Needless to add that plaintiff has not challenged the order of impleadment.

( 2 ) FACTS In brief are that on 5. 4. 1983 respondent no. 1, one of the daughters of late Shri B. D. Gupta filed a suit against 13 defendants claiming decree for partition, permanent injunction and rendition of accounts with respect to the estate left by deceased shri B. D. Gupta. Alongwith the suit an application (I. A. 1546/83) was also filed under Order 40 Rule 1 Civil Procedure Code read with Order 39 Rules 1 and 2 and Section 151 Civil Procedure Code praying for appointment of Receiver and for issuing order of restraint with respect to properties as described in Schedules A, B and C attached to the plaint. The prayer clause of the application reads as under --

"it is, therefore, prayed that during the pendency of the suit in the interest of Justice and in order to preserve the properties from being alienated the fol