S. K. MAL LODHA, J.

( 1 ) THIS appeal has been filed by the plaintiff against the judgment dated August 20, 1973 of the learned single Judge by which the appeal filed by him under S. 96, C. P. C was dismissed on the ground that it was not properly constituted.

( 2 ) THE plaintiff-appellant instituted a suit for declaration under O. XXI, R. 63, C. P. C averring that the amount of Rs. 13,788. 14, which was attached in execution cases Nos, 56/66, 75/66 and 63/66 of the court of Civil Judge, Udaipur is not liable to attachment as it was also prayed that the attachment so made should be set aside. Defendant No. 1 Maharaj Ekling Singhji was the judgment-debtor. In this appeal he was impleaded as respondent No. 1. He died during the pendency of the appeal and his legal representatives have been brought on record who are also respondents. It was also alleged by the plaintiff that there was a decree against defendant No. 1 for Rs. 5,973. 95, which was obtained from the court of Civil Judge, Udaipur on September 14,1964 by defendants Nos. 2,5,6 and 7 and one Tarachand. Under O. XXI, R. 52, C. P. C. , a sum of Rs. 6503/-, which represented the amount of compensation, was attached. T