BHASKARAN, J.:- The appeal is against an order passed by the Vacation Judge of this Court on C. M. P. No. 6361 of 1975 on the file of this Court in O. S. No. 7 of 1975 on the file of the Munsiff's Court, Kasaragod. C. M. P. No. 1372 of 1975 is under Section 5 of the Limitation Act for condoning the delay in filing the above appeal. Though C. M. P. No. 1372 of 1975 alone was posted for hearing today, as a preliminary objection was raised in regard to the maintainability of the appeal itself by Shri K. P. V. B. Ejman, the counsel for the respondents, by agreement of the parties the appeal also was taken up for hearing and disposal along with it.

2. Regarding facts leading to the filing of the appeal and the petition for condoning the delay the submission of Shri N.N. Sugunapalan, the counsel for the appellant, could be briefly stated as follows: Under the impugned order, the Vacation Judge of this Court had appointed a Receiver for the properties described in the schedule to the petition. The order was passed ex parte, though the appellant, as defendant in the suit, had entered appearance in the Court of the Munsiff of Kasaragod as early as on 5th February, 1975, and he came