1. This is an appeal against the order of the Subordinate Judge of Mayavaram refusing to accept the bid of Rathnasami Pillai, the appellant, for taking on lease certain property, the subject-matter of a suit before the Court, and directing a re-sale. What happened was, the Receiver, who had been appointed in the suit, was directed by the Court to sell by public auction the lease of certain lands in suit for a year. The conditions of sale were printed and the printed leaflets were circulated. The Receiver held an auction in which the appellant before us, Rathnasami Pillai, was the highest bidder. When the matter was taken to the Sub-Judge for confirmation, he refused to accept Rathnasami Pillais bid and directed a re-sale. It is against that order that this appeal is filed.

2 The appellant contends that a completed contract had been entered into with him by the Receiver and that the Court should, therefore, have directed a lease to be executed in his favour in the terms of his bid. At the re-sale ordered, the second respondent took the lease at a higher rate. A preliminary objection has been raised to this appeal that no appeal lies. The appeal has been filed under Order XLII