1. The 5th defendant obtain-ed a money decree against the 1st and 4th defendants in a suit in which the 2nd and 3rd defendants were parties but were exonerated from liability. The decree holder attached the undivided half share of the judgment-debtors in, certain property, alleged to belong to the undivided family of which the four defendants were members, and there upon the 2nd defendant applied by a petition under Order XXI, Rule 58, of the Code of Civil Procedure that the attachment of portion of the property might be raised on the ground that it had been assigned to him upon a partition and was his separate property. The petition was dismissed on the ground that it was too late. The appellant bought the attached properly at the Court sale and then sued the defendants for partition, and an issue was raised whether the portion of the property previously claimed by the 2nd defendant belonged to him.

2. The appellant was not a party to the previous suit and is not a representative of any party Nadamuni Narayana Iyengar v. Veerabhadra Pillai 8 Ind. Cas. 429 : 34 M. 417 : (1910) M.W.N. 662 : 9 M.L.T. 152 : 21 M.L.J. 928 and the provisions of Section 47 of the Code of Civil Pro