( 1 ) BY the impugned order the learned Single Judge while prima-facie holding that the partnership firm M/s Kedar Nath Mohinder Nath was a partnership at will, has appointed an Advocate as the receiver of the firm. Not satisfied with the findings of the learned Single Judge appointing the receiver, the appellants have preferred TO this appeal.

( 2 ) BEFORE the respective contentions of the parties are discussed a few facts which are relevant for deciding the present appeal may be stated as under:

THE appellants and respondent no. 1 are real brothers and were partners in the partnership firm Kedar Nath Mohinder Nath (in short REFERRED TO to as the firm ). Each one of the said parties had 15% share in the firm and the remaining 40% was held by their mother. The plaintiff/respondent no. 1 filed the suit for dissolution of the firm and for rendition of accounts. The mother of the parties holding 40% share was not made party in the suit and on objection having been taken by the respondent that the suit was not maintainable, the plaintiff made an application before the learned Single Judge for impleading the mother as one of the defendants. However, before the applicati