1. - Smt Champa Bai non petitioner No. 1 obtained a decree against Sohanlal non-petitioner No. 2 on June 28, 1965. The property in dispute was attached in execution of that decree One Smt. Kesar Bai filed an objection under Order 21 Rule 58 CPG asserting that the property exclusively belonged to her and she was in possession. That objection was allowed by the learned Addl. Civil Judge, Udaipur and the suit property was released from attachment by his order dated 1510 1969. The decree-holder Smt. Champa Bai, therefore, filed a suit under Order 21 Rule 63 Civil Procedure Code against Smt. Kesar Bai, Sohanlal (judgment-debtor) and the petitioner Khubi Ram. No relief was however, claimed. against the petitioner in that suit. The petitioner in spite of service of summons failed to appear and ex-parte proceedings went on against him. Kaspr Bai contested the Mst. During the tendency of the suit Kesar Bai died. Khubi Ram and Sohan Lal who were already on record in different capacity, were taken to be the legal representatives of Smt. Kesar Bai in place of her. The trial of the case was more or less complete and arguments were to be heard when Smt. Kesar Bai died. Khubiram petition