Alfred Henry Lionel Leach, C.J.

1. The appellant is the wife of the second respondent. In 1931 the respondent association obtained two money decrees against the second respondent for an aggregate sum of Rs. 894. In 1934, in execution of these decrees the association attached five houses in Madura as property belonging to the judgment-debtor. The appellant objected to the attachment and her objection was successful. The appellant claimed title to the houses and other properties under a deed of sale executed in her favour by her husband on the 16th of September, 1932. As the result of the removal of the attachment the association filed in the Court of the Subordinate judge of Madura the suit out of which this appeal arises for a declaration that the deed of sale was executed in fraud of creditors "nominally and colourably". In the meantime the second respondent had been adjudicated an insolvent and permission of the Official Receiver was sought, and granted, for the institution of the suit. The association, however, did not apply for an order under the provisions of Order 1, Rule 8 of the Code of Civil Procedure permitting it to sue on behalf of all the creditors and in spite