JUDGMENT

Sulaiman, J. - This is curious case in which much confusion has been caused owing to the circumstances that an execution case as well as a regular suit relating to the same crops were before the same officer.

2. Originally Jwala Prasad brought a suit against Sewa Singh and others impleading one Chuttan also. He obtained a decree against the other persons, but Chuttan was exempted. He put in an application for attachment of certain crops and the attachment was made and the crops thus came under the custody of the Court. Chuttan instead of taking objections in the execution department filed a regular suit in the same Court for a declaration that the crops did not belong to the judgment-debtor. While that suit was pending, an application was made by Chuttan praying that the crops being perishable property should be handed over to some other person for realisation of their price. It is not quite clear whether this application was made in the execution department or in the regular suit; though it is obvious that it ought to have been made on the execution side. But from what can be gathered from the record it is possible that it was wrongly made in 'the regular suit. It has been