Mockett, J.

1. This is a second appeal against the order of the District Judge of East Tanjore allowing the appeal against the order of the District Munsif of Shiyali. The decree-holder respondent obtained a decree against the father of the appellant and the appellant. He impleaded the appellant as a major. In execution the third defendant obstructed and a petition was put in by the decree-holder to have his obstruction removed and possession of the property delivered. The appellant then appeared by his mother as guardian and pleaded that he was a minor. The lower Court having so found, dismissed the petition. The lower appellate Court allowed the appeal on the grounds that this matter could not be raised by the appellant in execution and that his proper remedy was by way of suit. The point for decision is which of these two views is correct.

2. The appellant has argued that under Order 21, Rule 99, the petition was correctly dismissed because he being a minor, was in the same position as a person " other than the judgment-debtor ", and according to the ruling of the Privy Council in Rashid-un-nisa v. Muhammad Ismail Khan (1909) 19 M.L.J. 631: L.K. 36 L.A. 168: I.L.R. 31 All.