Alfred Henry Lionel Leach, C.J.

1. These appeals have been heard together. The facts are the same in each case and they both raise the same question of law, namely, whether Section 64 of the Code of Civil Procedure applies in the circumstances. Happell, J., who heard the second appeals out of which these appeals arise was of the opinion that it did not. Being appeals filed under Clause 15 of the Letters Patent we are only concerned with the legal question.

2. In 1927 one Chalasani Anjaneyalu filed a suit in the Court of the Subordinate Judge of Masulinatam against two defendants, named Lakshminarayana and Chalasani Ramayya respectively. The plaintiff failed to establish his case and consequently his suit was dismissed with costs, each defendant being given one set. On the 16th April, 1930, Lakshminarayana transferred his decree for costs to the appellant. Chalasani Ramayya filed E.P. No. 42 of 1932 to enforce payment of the costs decreed to him and in these proceedings attached on the 22nd July, 1932, immovable properties belonging to the judgment-debtor. On the 20th March, 1933, the Court sold by public auction the properties attached, but before the sale was confirmed the j