1. In execution of a money decree against two defendants an item of immovable property was sold and purchased by a stranger who took delivery. Thereafter he filed the present suit against the self-same judgment-debtors seeking injunction against trespass concerning the identical property and for realisation of damages for unauthorised plucking of coconuts. The suit was resisted on the contention that though the property sold is another item belonging to the second defendant, plaintiff/ auction purchaser wrongly obtained delivery of the suit property which belongs to the first defendant. Under O.8 R.6A of the Code of Civil Procedure first defendant filed a petition raising a counter claim that he must be given delivery of the suit property from the plaintiff on the strength of his title. After raising three additional issues on this contention the Munsiff heard them preliminarily. On the ground that a counter claim could be had only in a money suit the Munsiff held that the counter claim is not maintainable in law. By a separate order the petition under 0.8 R.6A was also dismissed. Defendants seek to revise those two orders in these civil revision petitions.

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