The Chief Justice.-The question in this appeal is whether a transaction entered into on the 25th June, 1934, constituted an absolute sale or a mortage by conditional sale.

In O.S. No. 380 of 1935 of the Court of the District Munsiff of Namakkal the first defendant in the present suit obtained a money decree against the defendants 2 to 4 and in execution proceedings he attached the property in suit, 2.58 acres of agricultural land. The plaintiffs entered an objection. They claimed by virtue of the deed of the 25th June, 1934, to be the absolute owners of the property. By an order dated the 11th June, 1941, their petition was dismissed on the ground that it was belated. Thereupon they filed a suit under the provisions of Order XXI, rule 63 of the Code of Civil Procedure. They asked for a decree setting aside the order dismissing the claim petition and an injunction restraining the first defendant from proceeding in execution. This suit was originally filed in the Court of the District Munsiff, but as the value of the property exceeded the pecuniary limits of that Court’s jurisdiction, the plaint was returned for presentation in the Court of the Subordinate Judge of Salem. The suit was

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