Venkatasubba Rao, J.

1. The lower Court made an order transmitting the decree for execution as against defendants 4 and 5. This appeal has been filed by defendant 5 who impeaches that order. The following pedigree may be found useful: --------------------

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Lakshman Chetty Ramaswamy Chetti

defendant 1 (died) prior to the filing

| of O.S. No. 10 of 1912

Kasi Chetti defendant 2 |

(died) |

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Kasi Chetti Adaikappa Chetti

defendant 3 defendant 4

died 29th March 1922

|

Adaikappan Chetti

defendant 5

2. A certain Sreenivasa Naicker filed O.S. No. 10 of 1912 in the Sub-Court of Tuticorin for the recovery of about Rs. 23,000 due upon a promissory note executed by Lakshmana, defendant 1, in his favour. In that suit four persons were joined as defendants, Lakshmana and his son (representing one branch) and the two sons of Ramaswami (representing the other branch). I may note at once that defendant 5 was not made a party to that suit. A decree was passed on 10th February 1913, against defendant 1 personally and against the family properties, of all the defendants that had been impleaded. The plaintiff, Sreenivasa, assigned the decree on 27th July 1914, in favour