Alfred Henry Lionel Leach, C.J.

1. The question which arises in this appeal is whether a person who has been brought into Court in execution proceedings merely as the legal representative of the judgment-debtor is compelled to have his own claims to the property in suit decided in the execution proceedings or whether he can establish his rights by a separate suit.

2. On the 24th November, 1927 one Habib Muhammad Maracair agreed to sell certain wet lands to one Vaidhialinga Mudaliar, who was the fourth defendant in the suit out of which this appeal arises and is now represented by the third and fourth respondents. the vendor failed to execute a conveyance and the purchaser instituted a suit in the District Court of Negapatam for a decree for specific performance. The suit was subsequently transferred to the Subordinate Judges Court for hearing. The appellant was made a party to that suit because she claimed a share (7/72) in it. She was made a party on her own application, which was opposed by the plaintiff. An issue was then framed on the question whether she was a necessary party to the suit and it was decided that she was not. Consequently her name Was struck off the recor