1. The two points arising for decision in this revision filed by a third party challenging an order passed in execution in E.A. 344/1982 in E.P. 207/ 1982 in O.S. 408/1974 on the file of the Munsiff's Court, Parappanangadi, rejecting the prayer of the petitioner to get herself impleaded in the execution proceedings are:

(1) Whether at the instance of a third party to the decree, resisting or obstructing the delivery, the decree-holder can be compelled to file an application under Order XXI R.97 C.P.C.

(2) Whether the application E.A. 344/1982 filed by the petitioner under S.151 C.P.C. is maintainable.

2. A few facts necessary for the disposal of this revision as disclosed from the affidavit filed by the petitioner in the court below and the other records available can now be stated as Hereunder.

3. O.S. No. 408/1974 was a suit for partition and as per the decree in that suit the rights of deceased Kutta were said to have been set apart to the respondent herein and to Chinnan, the husband of the petitioner. It is alleged that Chinnan married the petitioner on 5-7-1982 as per a marriage udampady. Chinnan was in intimacy with the petitioner and as a result, she became pregnant