T.S. MISRA, J. :- This appeal is directed against the order dated 4th August, 1973, passed by the 1st Additional District Judge, Varanasi, on an application moved by Smt. Lilawati on 30th August, 1971, under Section 41 of the Arbitration Act, for appointment of a receiver of the firm Tilak Raj Krishan Kumar with powers to take over the entire assets of the partnership, including its books of account and to take charge of the place of business of the dissolved firm and also to realise the assets and dues of the firm and discharge its pressing liabilities with the permission of the Court. That application was registered as Misc. Case No. 34 of 1971. It was contested by the present appellants. After hearing the parties and considering the circumstances placed before him, the learned 1st Additional District judge allowed the application and appointed Sri Amar Singh Advocate, receiver of the dissolved firm Tilak Raj Krishna Kumar. He also issued certain directions as contained in the impugned order.

2. At the outset, a preliminary objection was raised with regard to the maintainability of this appeal on the ground that since the impugned order was passed under Section 41(b) read