Judgement

Appeal (No. 86 of 1947) from a judgment and order cf the High Court (April 20, 1942) which set aside an order passed by the Subordinate Judge, First Class, Patna (November 29, 1941) dismissing a petition of the respondents under s. 47 of the Code of Civil Procedure.

The following facts are taken from the judgment of the Judicial Committee. This appeal arose in an execution proceeding of the money decree passed by the Subordinate Judge, First Court, Patna, in money suit No. 5 of 1939, dated August 22, 1940. The appellant before the Board was the decree holder (plaintiff), the Bihar Bank, Ltd. The respondents were defendants Nos. 1 and 2 in the suit. The order passed by the Subordinate Judge in the suit was as follows " Suit " decreed against defendant No. 3 in the presence of defendants " 4 to 6 . . . . The suit is dismissed as against defendants 1 " and 2 with costs . . . . " In the execution of the decree, which was for Rs. 15,718-7-0 with interest and costs, one-third share in certain joint family property called the Khadga Vilas Press held to belong to the third defendant was brought to sale. The respondents objected to the attachment and sale on the ground that the pr