JUDGMENT

Brown, J - The appellant, Ma Saw, was one of the judgment-debtors in a decree passed in Civil Regular No. 26 of 1923 of the Sub-divisional Court of Tavoy. In execution of that decree a piece of paddy land was attached and sold. Ma Saw applied to the executing Court t? have this sale set aside on the ground of fraud and material irregularity in conducting the sale; but her application was dismissed.

2. Some ten months later she filed the suit out of which this appeal has arisen. In that suit she has not made the original decree-holder a party but has named one defendant only, Maung Kyaw Gaung the auction-purchaser. She asked to have the sale set aside on the grounds of various irregularities and fraud in connexion with the sale. The trill Court dismissed the suit on the ground that the matter in issue fell within the scope of Section 47, Civil P.C., and that no separate suit, therefore, lay. On appeal the District Judge confirmed the decree of the trial Court holding that the suit was not maintainable under the provisions of Section 47 read with those of Rule 92, Order 21, Civil P.C. Ma Saw has now come in second appeal to this Court.

3. I have been referred to a number of con