1. This appeal has been preferred by the plaintiff in O.S. No. 172 of 1956, Sub Court, Ernakulam, against the dismissal of its suit to set aside an order passed on a claim petition preferred by it under the following circumstances.

2. The suit property of an extent of nearly 60 cents belonged to the plaintiff-Devaswom, and was sold in court-auction for Rs. 125, on 25-4-1118 and purchased by the 2nd defendant, under a sale certificate which has been filed as Ex. B. The sale was confirmed on 27-5-1118. Para.5 of the plaint alleged that the 2nd defendant orally conveyed the property to the plaintiff-Devaswom on 20-12-1122, and on the same day at the request or insistence of Devaswom executed an unregistered sale-deed, which has been filed as Ex. A. Thereafter, the 1st defendant, in pursuance of a decree obtained by him against the 2nd defendant attached the suit property on 17-8-1124. The Devaswom filed a claim petition to release the property from attachment. The final order passed on the said petition is evidenced by Ex. J. The attachment was made absolute to the extent of the rights of the auction-purchaser namely the 2nd defendant. It is to set aside this order that the