1. This appeal is by the 6th defendant-respondent in S. A 729 of 1953 on the file of this court

2. The matter arises out of an objection filed by the appellant 6th defendant under S.47 C.P.C. against the delivery in execution, of items 1 to 4, to the respondent additional 3rd plaintiff. These items had been obtained assignment of by the 3rd plaintiff from the 2nd plaintiff original decree-holder-auction¬purchaser. It was the case of the 6th defendant that he alone had advanced the purchase money in respect of the assignment and the 3rd plaintiff who had married his daughter since deceased, was a mere benamidar for him in the matter. The 3rd plaintiff denied that he was a benamidar and further objected to the maintainability of the objection on various grounds. The executing court as well as the District Court in appeal by the 3rd plaintiff found concurrently in favour of the 6th defendant on both aspects of benami and maintainability and refused delivery. In second appeal, by the 3rd plaintiff, however, Nanadana Menon, J., held that the 6th defendant was debarred from maintaining his objection, in view to his quiescence at earlier stage. Hence this appeal by the 6th defe