Judgment

PALEKAR, J. :- This is an appeal by special leave. The respondent Bhuneshwari Devi obtained a money decree against the appellants in S. C. C. Suit No. 107/95 of 1939 in the Court of the Subordinate Judge, Gaya exercising Small Cause Court jurisdiction. At the instance of the decree-holder the decree was transferred for execution to the Court of Munsif 1st at Gaya as the decree-holder wanted to proceed against the immovable property of the judgment-debtors. The judgment-debtors filed Title Suit No. 104/67 in the Court of Munsif 1st at Gaya for setting aside the decree passed by the Small Cause Court on the ground that it was fraudulent, illegal and without jurisdiction. After filing the suit the appellants filed two applications in the Court of the Munsif - one for an injunction against the respondent restraining her from proceeding with execution and the other for staying the further proceedings in the execution case under O. XXI Rule 29, C. P. C. Two ex parte orders were passed on the same day namely May 11, 1962. Since the appellants did not file any requisite for issue of show cause notice to the respondent, the injunction was recalled on June 2, 1962. The respondent dec