Hidayatullah, J—The Defendant Kundanbai is the appellant. This suit was brought by one Murlidhar (since deceased and represented by his legal representatives) under Order 21, Rule 63, Code of Civil Procedure, for a declaration that a half share in a saw mill, a ginning factory and a house situate at Chanda, which had been attached in Exn. case No. 3/26 of the Court of the Additional District Judge, Wardha, was not liable to attachment and sale. The Plaintiff succeeded in obtaining the said declaration and hence this appeal by the Defendant.

2. Before dealing with the appeal proper, it is necessary to state some facts. Kundanbai was the Plaintiff in Civil Suit No. 3 of 1926 of the Court of Additional District Judge, Wardha. This suit was against one Goverdhan and involved a claim for money and possession of some factories, etc On 5-7-1927 there was a compromise between Goverdhan and Kundanbai but later Goverdhan resiled from the compromise. The Court instituted an enquiry into the fact of compromise and during the pendency of the proceedings Kundanbai applied on 7-11-1928 for the appointment of a receiver. On 16-11-1928 Goverdhan was appointed receiver and on 5-12-1928 one Sa