JUDGMENT :- This is the plaintiffs second appeal and arises out of a suit which was filed by the original plaintiff Lalaram under O. XXI, R. 63, C.P.C. There were three defendants in the suit, Baburam was the defendant No. 3 and he happened to be the only son of the plaintiff. The latter died during the pendency of the appeal in the lower appellate court and his widow Smt. Pista Devi was brought on record as the legal representative of the deceased plaintiff. She also subsequently died and one Smt. Chandra Kanta Devi also died and then Smt. Lakshmi Devi was brought on record as her legal representative. Smt. Lakshmi Devi and before her Smt. Chandra Kanta Devi were brought on record on the basis of the respective wills in their favour alleged to have been executed by their predecessor-in-interest.

2. The original plaintiff Lalaram deceased sought a declaratory relief to the effect that the property mentioned in the plaint was not attachable

and saleable in the execution of decree No. 172 of 1962, Smt. Kala Devi v. Baburam and of decree No. 194 of 1962, Ramesh Chandra v. Baburam. Smt. Kala Devi was impleaded as the defendant No. 1 and Ramesh Chandra was impleaded as the defendant No.

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