( 1 ) THIS Civil Miscellaneous Appeal is preferred by the 6th defendant in o. S. No. 18 of 1962 on the file of the learned Chief. udge, City Civil Court, at Hyderabad, against the order dated 14-12-1973 dismissing I A No. 2179 of 1973 filed by the appellant, as not maintainable in law. It is necessary to state a few facts for appreciating the question at issue.

( 2 ) ONE Sajid Yar Jung died leaving a will, where under he bequeathed 1/3 interest in his properties in favour of respondents 15 to 21 in this appeal. He had two sons, namely, (i) Kazim Nawaz Jung respondent No. 21 and (ii) askar Nawag Jung (the predecessor-in interest of respondents 23 to 34) Respondents 43 to 47 are the daughters of the deceased while respondents 35 to 42 are his creditors. Respondents 1 and 2 are the joint receivers appointed in the said suit by the Court below, while respondents to 1,4 are the purchasers of a building known as "woodcock Hall" at ooty. The appellant herein is one of the daughters of the deceased, who was impleaded as defendant No. 6 in the suit.

( 3 ) O. S. NO. 18/1962 was an administration suit filed under Or. XX, R. 13, cpc. A preliminary decree was passed on 11-3-1