JUDGMENT: This second appeal arises out of a suit instituted by the respondent No. 1 for a declaration that the properties described in certain paragraphs of the plaint were not liable to be attached and sold in execution of the decree in Civil Suit No. 7-B of 1937 passed on 23-3-1939 by the Additional District Judge, Buldana, on the ground that those properties were allotted to his share at a family partition.

(2) It is common ground that Nyahalchand father of the respondent No. 1, was indebted to the defendant No. 1, Amrit, now deceased and re presented here by his legal representatives, to the extent of Rs. 39,000 or so upon a pro-note. The defendant No. 1, therefore, instituted a suit against Nyahalchand on the basis of that pro-note and eventually obtained a decree against him. During the pendency of that suit, a partition was effected by Nyahalchand between himself and his son, the respondent No. 1. At that partition, the proper ties referred to in the suit were allotted to the share of the respondent No. 1.

(3) After the defendant No. 1 obtained a decree against Nyahalchand, he attached various properties which formerly belonged to the joint family consisting of Nyahalchand, a

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