Sir George Rankin:-

This appeal is brought by the plaintiff from a decree dated 11th August 1936, of the High Court at Allahabad, which affirmed the decision (30th June 1932) of the Subordinate Judge at Banda dismissing the suit. The only question which now arises is as to the maintainability of the suit in view of S.66, Civil PC:

66-(1) No suit shall be maintained against any person claiming title under a purchase certified by the Court in such manner as may be prescribed on the ground that the purchase was made on behalf of the plaintiff or on behalf of someone through whom the plaintiff claims.

(2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person to proceed against that property, though ostensibly sold to the certified purchaser, on the ground that it is liable to satisfy a claim of such third person against the real owner.

The plaint was filed on 8th January 1932, and the case made thereby was as follows : One Ram Dayal died in 1910 leaving as his heiress Mt. Ram Piari Kuer, his