Cornish, J.

1. The appeal in this case relates to the execution of a decree obtained on 3rd March 1911 by the plaintiff against the Raja of Kalahasti. After some unsuccessful attempts to execute the decree in the Nellore District Court the decree was transferred for execution to the Chittoor Court. There was apparently-considerable difficulty in discovering what properties were attachable in execution of the decree, for it was not until January 1923 that a schedule of properties was filed. This schedule adopted the particulars of property, consisting of seven lots of items given by the defendant, the legal representatives of the original defendant, in a memorandum (Ex. A) filed by him in support of a counter petition, in which he alleged that the seven items were the personal pro-party of the judgment-debtor and that these properties were alone liable for the decree debt. Notice of this petition was ordered to go to the defendant. A counter petition was filed on his behalf in which, notwithstanding the memorandum Ex. A, objection was raised that the properties comprised in the memorandum were not liable to attachment and stating that he would file his objections in detail if