Bapna, J—This is an appeal by the plaiatiff in a money suit against one of the defendants.

2. The appellant, Kanraj, filed a suit on the 24th of July, 1948, against the respondent, Vijai Singh, Jagirdar of Ramseen, and one Khub Chand on the allegations that Khub Chand had secured a decree on the 4th of April, 1947, against Mahabbat Singh, father of Vijai Singh, for recovery of Rs. 11,359/7/- (the correct figure is Rs 11,365/7/-), from the Court of Wards, Jodhpur, and Khub Chand thereafter made an assignment of that decree in favour of the appellant on the 25th of July, 1947. It was alleged that the defendant, Vijai Singh, being the heir and legal representative of Mohabbat Singh, and being in possession of the property left by Mohabbat Singh, was liable to pay the amount of the decree, but had refused to do so, and as the Thikana of the defendant was no longer under the Court of Wards, the suit had to be filed by the plaintiff. It was prayed (1) that a decree for recovery of Rs. 11,364/7/-be passed in favour of the plaintiff against Vijai Singh, and (2) that, if defendant No. 2, Khub Chand, had recovered any amount from Vijai Singh towards the decree of the Court of Wards, a decree

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