Mahapatra, J.

1. Defendant Mo. 1, who is the appellant, had obtained a money decree against defendant No, 2 in Money Suit No. 206 of 1949 on the 19th of February, 1S51, and had levied an execution of the same in Execution case No. 316 of 1954, When he had applied for sale of the suit properties, an objection was raised by the plaintiff under Order 21 Rule 58 of the Code of Civil Procedure on the ground that he had purchased the properties for Rs. 2500.00 from defendant No. 2 by a registered deed of sale on the 22nd of February, 1955, and had come in possession of the same. The judgment-debtor (defendant No. 2). having no interest in those properties, they could not be brought to sale to satisfy the decree against him (defendant No. 2). This claim of the plaintiff was overruled and he, therefore, brought a suit under Order 21 Rule 63 of the Code of Civil Procedure for declaration of his title to and for release from attachment and sale of the properties.

It should be mentioned here that while the money suit of defendant No. 1 against the father of defendant No. 2 was pending, the former (defendant No. 1) had obtained an order for attachment of some of the suit properties bef