The revision petitioners are persons who were not parties to the suit, but who got themselves impleaded as defendants 8 and 9 alleging that their property, 9.85 acres in extent, was placed under the custody of the receiver, and that over that property the parties to the suit had absolutely no manner of right, possession or title. They moved the trial Court by a petition under Order 40, Rule 1 (2), C. P. C. for vacating the order of appointment of receiver in so far as it related to the item in question and also praying for redelivery of the property to them.

2. The learned Munsiff in and by an elaborate and well-considered order allowed the petition. The aggrieved party took up the matter in appeal. The learned District Judge after having observed: -

"As I stated at the outset the learned Munsiff has gone into the question elaborately discussing the various documents and he has come to the conclusion that the stranger petitioners were in possession of the properties and that they are entitled to redelivery." added that-

"I may at once state that the petition is not one for redelivery. The petition is filed under Order 40, Rule 1 which deals with appointment of receivers."

Th