John Wallis, C.J.

1. This is an appeal under the Letters Patent from a judgment of Oldfield, J. Seshagiri Aiyar, J. dissenting dismissing, an appeal from an order of the District Judgment of Chittor refusing the application of the appellant, who claims to be a transferee of a one eighth share in a mortgage decree, to make him a party to the execution proceedings on the mortgage decree in substitution of, or jointly with, the decree-holder. The question has been raised whether any appeal lay to the High Court from the order inf question.

2. In making that order the District Judge purported to act under Order 22, Rule 10 of the Code of Civil Procedure and, as orders under that rule are appeal-able, we are bound to entertain the appeal as held in Abdul Rahiman Saheb v. Ganapalhi Bhattu (1900) I.L.R. 23 Mad. 517 and Lakshmanan Chetty v. Ramanathan Chetty (1904) I.L.R. 28 Mad. 127.

3. In dealing with the appeal it will be convenient to consider in the first place whether under the present Code a decree can be transferred in part, and if so, whether the part transferee can be made a party to pending execution proceedings and allowed to execute if the transferor who has obtained an o