Wadsworth, J.

1. This is an appeal against an order of remand in a matter arising out of a claim in execution of a personal decree passed in a mortgage suit. The appellant is a mortgage decree-holder; the respondent is the eighth defendant impleaded in the mortgage suit as a subsequent purchaser of one of the items mortgaged. After the sale of the hypotheca had not realised the full amount of the mortgage decree, an application was made for a personal decree against the mortgagors and to this application the present respondent (eighth defendant) was not made a party. When the decree-holder came to attach part of the personal property of the mortgagors, there was a claim preferred by the present respondent on the ground; that the property attached was his property by virtue of a sale executed after the passing of the personal decree. Now, the claim preferred by the respondent was drafted as a claim by a stranger to the decree under Order 21, Rule 58 and it was investigated on that basis and though the learned District Munsif does go to some extent into the validity of the title claimed by the respondent, he expressly says that the only point for determination is, who was in p