Wanchoo, C.J —This is an appeal by the decree-holder in an execution matter.

2 The facts leading to this appeal may be briefly narrated. The appellant, Hanumandutt, decree-holder, got a decree for Rs. 7195/15/-against the judgment debtor, respondent Hazarimal, from the court of Civil Judge, Ratangarh. In execution of that decree, he applied for attachment of a sum of Rs. 7200/- which was due to Hazarimal from the Public Works Department at Bikaner. A notice was issued under O. XXI, R. 52 to the Executive Engineer, Bikaner, requesting him that the money may be held subject to further orders of the court. In response to this notice, the Executive Engineer sent the whole amount to the Court at Ratangarh and it was received there on the 15th of April, 1952. The actual amount that remained in the hands of the court was Rs. 7191/-, the remaining being the transmission charges. On the same day the judgment-debtor objected that the attachment of the money was illegal and, therefore, the court had no right to proceed with the execution so far as that money in its hands was concerned. This objection of the judgment-debtor found favour with the court and it refused to execute the decree agains

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