1. This civil miscellaneous appeal arises out of the order passed by the Subordinate Judge. Devakottai, in E.A. No. 50 of 1980 in E.P. No. 63 of 1979 in O.S. 24 of 1975, dated 20th March, 1980.

2. The first respondent in E.A. 50 of 1980 filed E.P. 63 of 1979 bringing the properties mentioned in the schedule to the execution petition to sale as belonging to the deceased Sathappa Chettiar. Accordingly, the executing court ordered attachment which was effected on 2nd June, 1973. The respondents in this appeal filed E.A. 50 of 1980 under O. 21, R. 58 C.P.C., praying for the release of the properties from the attachment on the ground that they are the absolute owners of the properties. The executing court, by the impugned order, allowed the claim application and directed the release of the properties from the attachment. As against the said order, this appeal is filed.

3. Mr. B. Rajagopalan, counsel appearing for the appellants, raises the following contentions in support of his argument that the conclusion arrived at by the executing Court is not sustainable (1) After the amendment to C.P.C., in the year 1976, an application under O. 21, R. 58, C.P.C., will have to be tried a