Bishan Narain, J.

1. The house in dispute originally belonged to one Kharga. It was inherited by his sons Amar Singh and Harnam in equal shares. On 9-4-1925 the brothers mortgaged the whole house for Rs. 300/- with Tagmal. On 10-1-1933 they sold the western half of the house to the mortgagee for Rs. 500/- and the mortgage was redeemed. Thus the eastern half of the house became free from mortgage. Jagmal in his turn sold the western portion to Pat Ram on 6-12-1934 It appears that one Mat Ram filed a suit for the recovery of certain amount against the two brothers. In 1928 the suit against Harnam was dismissed hut it was decreed against Amar Singh. In execution of his decree Mat Ram got attached the equity of redemption of Amar Singhs share in the house in March 1933. Jagmal filed objections under Order XXI rule 58, Civil Procedure Code, on the ground that he was owner of the western half by purchase and that this portion could not be attached and sold in execution of the decree of Mat Ram. The objections were dismissed on 8-1-1934 on the ground that the same had been filed after long delay. Neither Jagmal nor Pat Ram, his suecessor-in-interest, filed any suit under Order 21