Alfred Henry Lionel Leach, C.J.

1. In order to give an answer to the question referred it is necessary to decide what is meant by an adverse order under Order 21, Rule 63 of the Code of Civil Procedure. That rule states that where a claim or an objection is preferred the party against whom an order is made may institute a suit to establish the right which he claims to the property in dispute, but, subject to the result of a suit the order shall be conclusive. The order referred to in the rule is an order passed on an application which falls within the purview of Rule 58. That rule provides that where a claim is preferred to, or an objection is made to the attachment of property attached in execution of a decree on the ground that it is not liable to attachment, the Court shall proceed to investigate the claim or objection, provided that it may refuse to investigate when it considers that the claim or objection was designedly or unnecessarily delayed.

2. In Venkataratnam v. Ranganayakamma (1918)35MLJ335 , Wallis, C.J., and Oldfield and Seshagiri Aiyar JJ., held that an order refusing to investigate a claim to attached property on the ground that there was delay in the filing