1. This is an appeal from an order of Boddam, J., allowing the claim of the Official Assignee of the estate of one Raghavalu Naidu, an insolvent, as against an attaching creditor of the insolvent. The material dates are these: On February 6th, 1900, the creditor obtained an order under Section 483 of the Code of Civil Procedure attaching before judgment, a sum of Rs. 40,000 which had been deposited with Messrs. Parry & Co. by the insolvent as security for the performance of his duties as a dubash, and a further order under Section 268 of the Code of Civil Procedure restraining the insolvent from receiving this sum of Rs. 40,000 from Messrs. Parry & Co., and restraining Messrs. Parry & Co. from paying it to the insolvent. On July 25th, 1900, the creditor obtained a decree against the insolvent for Rs. 12.000 odd. On February 18th, 1901, an order of adjudication in insolvency was made on the petition of the insolvent, and an order was subsequently made under Section 7 of the Insolvency Act, vesting his estate in the Official Assignee. Section 490 of the Code of C.P.C. provides that where property is attached before judgment, and a decree is given in favour of the plaintiff, i