JUDGMENT :

Das, J. - This is a decree-holder's petition in revision against an order of the learned Munsif of Puri, releasing a sum of Rs. 7000/- from attachment on a petition filed under Order 21, Rule 58, CPC by opposite party No. 1. The facts are these. There was a personal decree obtained against opposite party No. 2, the judgment debtor, and the decree-holder proceeded to execute the said personal decree against opposite party No. 2 who was the marfatdar of opposite party No. 1, the deity. The sum of Rs. 7000/- attached by the decree-holder in Ex. Case No. 55/54 belongs to the claimant opposite party No. 1, which at the time of the attachment was in possession of the judgment-debtor as marfatdar of the claimant. The claimant therefore prayed for the release of the said money from attachment. The contention of the decree-holder was that the money attached, belongs to the judgment-debtor who was in possession of the same at the time of attachment on his own behalf and On behalf of the claimant, opposite party No. 1.

2. The learned Munsif after having considered the case very carefully came to the conclusion that there were extensive properties standing in the name of opposite part