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Judgment
9 paragraphs · 211 wordsIn this case the decree is a personal decree against the Judgment-debtor. The Judgment-debtor has preferred a claim to the property which has
been attached under the decree, on behalf of the members of his family on the ground that the properties form the common tarwad property and
are in the joint possession of the members of the family. The claim is made by him in a representative capacity, while the decree against him is in his
personal capacity. It has recently been held by a Full Bench of this Court (Judgment in appeal against Order 6 of (1899) 10 M.L.J. 64 in C.M.P.
633 of 1897, Subordinate Judge''s Court of Negapatam that when a person against whom there is a personal decree claims attached property on
the ground that he holds it as a trustee for persons not parties to the suit, the claim falls u/s 278 and not u/s 244 of the Civil Procedure Code. In
our opinion the principle of this decision applies to the facts of the. present case as set out in the judgment-debtor''s petition. Consequently the
section which applies is Section 278 and no appeal lies from the order of the District Munsif. We allow the preliminary objection and dismiss the
appeal with costs.