Judgement

Appeal (No. 53 of 1939), by special leave, in forma pauperis, from an order and decree of the High Court (April 14, 1936) which had reversed an order of the Subordinate Judge of Jilmara (November 12, 1932).

The facts appear fully from the judgment of the Judicial Committee.

By Order xxi., r. 58, of the Code of Civil Procedure " (1.) Where any claim is preferred to, or any objection is made "to the attachment of, any property attached in execution of "a decree on the ground that such property is not liable to "such attachment, the Court shall proceed to investigate the "claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, "as if he was a party to the suit."

Order xxi., r. 90, provides that "Where any immovable "property has been sold in execution of a decree, the decree-" holder, or any person entitled to share in a rateable distribution of assets, or whose interests are affected by the "sale, may apply to the Court to set aside the sale on the "ground of a material irregularity or fraud in publishing or "conducting it."

C. Sidney Smith for the appellant.

The respondents did not appear.

1941. April 3. The