BIRENDRA PRASAD SINHA, J.

1. This appeal by Smt Jyotsna Mehta, wife of the judgment-debtor has been filed under O.22 R.58(4) of the Civil P.C. (in short the "Code") against an order dated 23rd June 1979 passed in Miscellaneous Case No. 87 of 1965/44 of 1976 by the Subordinate Judge 2nd Court, Muzaffarpur.

2. The short facts leading to this appeal are these:-

The respondent No. 1 M/s. Ram Bahadur Thakur and Company obtained a decree against the respondent No. 2 Pashupati Nath Mehta and some others on 29-6-1963. On 3-10-1963 the decree-holder filed execution case No. 84 of 1963 and put certain properties belonging to the judgment-debtor under execution. Sometime in the year 1964 the properties were attached. Thereafter, it appears, some applications were filed under O.21 R.58 of the Code by the judgment-debtor and some others which were dismissed. The present appellant Smt Jyotsna Mehta filed an application under O.21 R.58 of the Code on 16-9-1965 which was registered as Miscellaneous case No. 87 of 1965. She claimed that in a partition suit she was allotted 1/3rd share in some properties by a compromise and she was in possession thereof. As she was not a party to the decree