Venkataramana Rao, J.

1. This appeal arises out of a suit instituted by the plaintiff-appellant under Order 21, Rule 63, Civil Procedure Code, for a declaration that the property which is the subject-matter of the suit is her own property not liable to be attached in execution of a decree in S.C.S. No. 705 of 1931 on the file of the Sub-Court, Cocanada, obtained by the third defendant against her husband, the first defendant. It transpires that Subsequent to the passing of the decree in the said suit the first defendant was adjudicated insolvent on the 15th March, 1932 and all his property vested in the second defendant, the Official Receiver. The suit property was attached on the 13th April, 1932. The plaintiff preferred a claim under Order 21, Rule 58, Civil Procedure Code, requesting the Court to release the property from attachment on the ground that the property is her own property as she purported to have purchased the same under a sale deed dated 10th November, 1930. The claim was resisted by the third defendant decree-holder on the ground that the transaction was benami for the benefit of the first defendant and not bona fide. The claim was disallowed on the ground t