Tek Chand, J.

1. This is defendants appeal from the order of the trial Court passed under Or. 40 R. 1 of the Code of Civil Procedure directing the appointment of a receiver pending trial.

2. The facts giving rise to this litigation are that the plaintiff had instituted a suit claiming several reliefs against the defendants including specific performance of an agreement compelling the defendants to execute a deed of partnership, dissolution of partnership and alternatively for a decree for a sum of Rs. 1,20,000. The plaintiffs case is that he had advanced up to 8th of August, 1966, a sum of Rs. 85,000 to defendants 1 and 3. On 8th of August, 1966, two agreements were entered into between the plaintiff on the one side and Nihal Chand on behalf of himself and as mukhtiar-i-am of Parma Nand, his brother-in-law, admitting the plaintiff into partnership and acknowledging receipt of Rs. 85.000. The partnership was for running cinema business on land said to be owned by the defendants and funds to be supplied by the plaintiff. It was stated in the agreement of 8-8-1966 that the plaintiff had entered into partnership with Nihal Chand and Parma Nand for the cinema business and had be