Judgment

UNTWALIA, J.: - In this appeal by special leave of this Court is involved the interpretation and true meaning of sub-rule (2) of Rule 89 of Order 21 of the Code of Civil Procedure, 1908- hereinafter called the Code. The decree-holder is the appellant. The first respondent is the purchaser of a major portion of the property sold in execution of the appellant s decree against respondent no. 2. The appellant had filed a suit in the year 1951 against the husband of respondent no. 2 for realization of certain sums of money due on a Promissory Note. The suit was dismissed by the Trial Judge of Saharanpur. The appellant filed First Appeal No. 122/1954 in the Allahabad High Court. Certain properties belonging to the husband of respondent no. 2 were directed to be attached before judgment by the High Court. In spite of the attachment, he sold the properties in two lots, The first lot was sold for a sum of Rs. 7,500/- on 30-7-1956 to one Smt. Subadhara Devi. The remaining attached properties were sold in the second lot to the first respondent on 30-11-57 for Rs. 70,000/-. The original defendant died during the pendency of the first appeal in the High Court. His widow was substituted.