Bardswell, J.

1. This is an appeal against the decision of., Madhavan Nair, J. in Second Appeal. The appellant is the Official Receiver of Coimbatore. A suit (O.S. No. 206 of 1926 on the file of the Subordinate Judge of Coimbatore) was brought by Arunachalam Chetti against Krishnasvvami Goundan on a promissory note. There was an attachment before judgment of what was admittedly the joint family property of Krishnaswami Goundan, though it was attached only as being the property of Krishnaswami Goundan, and his sons were not made parties to the suit. The plaintiff on 11th December, 1926, got a decree and applied in execution for the sale of the attached property. The judgment-debtor, Krishnaswami Goundan, filed an insolvency petition (I. P. No. 320 of 1927), on which he was adjudicated an insolvent in February, 1928. By an order passed in December, 1927,- the Official Receiver had been made interim Receiver pending the adjudication and on 6th January, 1928, both he and the judgment-debtor applied for stay of the sale in execution. The executing Court ordered that the sale should go on but that the sale proceeds should go to the Official Receiver. The sale proceeds were sent to