1. In this application u/s. 115 of the Code of Civil Procedure (hereinafter referred to as the Code) a question arises as to whether a person whose claim is negatived by the Court under Or. 38, R. 8 of the Code can maintain a revision application before this Court or his remedy lies by way of appeal.

2. The opposite party No. 1 filed a suit praying for a money decree against the opposite party No. 2 and got attachment of certain immovable properties before judgment. The petitioner, not a party to the suit, preferred a claim under Or. 38, R. 8 of the Code. The parties led evidence. The court below rejected the petitioners claim by an order impugned before us.

3. If sub-rule (4) of Or. 21, R. 58 of the Code be held to apply to the case, the petitioner should have filed an appeal before the District Judge; and this revision application must be dismissed as being not maintainable.

4. Before the amendment of the Code of Civil Procedure in 1976, Rules 58 to 63 of Or. 21 dealt with the investigation of claims and objection in execution. The R. 8 of Or. 38 of the Code provided that where any claim was preferred to property attached before judgment, the same should be investigated i