1. This second appeal by a claimant under 0.21 R.58 CPC was admitted on the following question of law:

"Whether Ext.A2 partition is voidable at the instance of a subsequent creditor is the substantial question of law arising in the case."

2. The deceased 1st respondent instituted a suit OS 61/1971 against one Ithakku Joseph on 22-5-1971 for recovery of the principal and interest due under a promissory note for Rs.6500/-. The suit was decreed ex parte on 30-6-1971. The decree holder filed EP No. 146/1972 for sale of the judgment debtor's half share in 1.75 acres of land in various sub divisions of Sy. No. 86 attached before judgment in the suit. When the attached properties were brought to sale, the appellant preferred a claim under 0.21 R.58 of the CPC (as it then stood) contending that the properties attached and sought to be sold in execution of the decree do not belong to the judgment-debtor and had been separately allotted to the claimant in partition Ext.A2 dated 31-7-1967 between the claimant and the judgment debtor. The decree-holder opposed the claim contending that the partition Ext.A2 and a contemporaneous sale deed Ext.A3 conveying the properties allotted to th