JUDGMENT :

B.K. Patra, J. - This is an appeal by the Plaintiff whose suit, under Order 21, Rule 63, CPC was dismissed by the Additional Subordinate Judge, Berhampur. Late Balakrushna Rath, the father of the Plaintiff had taken on loan of Rs. 9.150/- on two hand notes dated 27.6.1951 from late V. Venkataratnam Raju, husband of Defendant No. 2 and father of Defendant No. 1. The hand-notes were kept alive by payments made from time to time by late Balkrushna Rath. The Defendants instituted a suit on the hand-notes against late Balkrushna Rath (M.S. 14/63) and obtained a decree for about Rs. 17, 000/0. In execution of that decree (E.P. No. 35 of 1963) against Balkrushna Rath, the house mentioned in the schedule to the plaint in the present suit was attached. The Plaintiff thereupon filed a petition under Order 21, Rule 68, CPC claiming that in a prior partition between himself and his father, the plaint schedule property had fallen to his share and that be was Is possession thereof in his own right and that It was consequently not attachable in execution of the decree which the Defendants had obtained against his father. That application having been rejected on 10-3-1965, the Plaintiff