Judgment

SUBBA RAO, J. : This appeal by certificate raises the question of the applicability of S. 48 of the Code of Civil Procedure, hereinafter called the Code, to the facts of the case.

2. The relevant facts are as follows : In the year 1928 one Pentapati Venkataramana filed Original Suit No. 3 of 1928 in the Court of the Subordinate Judge, Visakhapatnam, against 29 defendants for accounts of dissolved partnerships and for the recovery of amount due to him. On March 30, 1932, the suit was dismissed by the learned Subordinate Judge. On appeal, the High Court of Madras set aside the decree of the Subordinate Judge and passed a joint and several decree in favour of the plaintiffs and defendants 24 to 27 for a sum of Rs. 54,350/- with interest thereon. On February 15, 1939, the decree-holders files an application for execution of the decree, being E. P. No. 13 of 1939, and prayed for realization of the decretal amount by attachment and sale of 31 items of properties described by them in the schedule (Ex. B-4) annexed thereto. The judgment-debtors filed an objection to the attachment of some of the said items, but that was dismissed. Against the order of dismissal of their objection, t