Madhavan Nair, J.

1. The Official Receiver of Coimbatore is the appellant. One Arunachalam Chettiar obtained a money decree in O.S. 206 of 1926 against one Krishnasami Goundan. The joint family properties of the judgment-debtor and his three sons had been attached before judgment. These were proclaimed for sale in execution of the decree. In the meanwhile, Krishnasami Goundan was declared insolvent and the Official Receiver and the judgment-debtor, the insolvent, applied by E.A 15 of 1928 and E.A. 14 of 1928 for stopping of the sale in execution. The decree-holder opposed these applications and they were dismissed; but the Subordinate Judge directed that the proceeds of the sale in execution should be sent to the Official Receiver for distribution amongst the general body of the. creditors of the insolvent. Accordingly,, a sum of Rs. 5,177-11-0 was sent to the Official Receiver.

2. A holder of another decree against Krishnasami Goundan applied for a rateable distribution of the amount sent to the Official Receiver and an order was passed on that application, E.A. 256 of 1928, asking him to apply for the transfer of the amount sent to the Official Receiver to the execution Cou