JUDGMENT

Dalal, J. - The only item with regard to which there is any substance in appeal is Item No. 12. As regards Items Nos. 10 and 11 it was objected that the plaintiff had no cause of action as those had already been taken into account in partition between the parties who are own brothers. The question will only be one of costs and the order of costs of the lower Appellate Court will have to be altered and this matter considered at the end of the judgment.

2. Item No. 9 a gun, has been held to have been the property of the father of the parties. That is a finding of fact. As to decrees Nos. 3 to 6, some reference was made to what the lower Appellate Court said in his judgment as regards the realisation of those decreed. Those observations are not copied in the decree of the lower Appellate Court and do not afford grounds for appeal.

3. Finally as to Item No. 12 the appeal must succeed. u/s 66 of the CPC no suit shall be maintained against any person claiming title under a purchase certified by the Court in such manner as may be prescribed on the ground that the purchase was made on behalf of the plaintiff or on behalf of some one through whom the plaintiff claims. The case for the