( 1 ) THE appellant is the petitioner this appeal arises out of an application filed under section 50 and Order 21, rule 16, civil Procedure Code, to bring on record the indian Bank as 2nd petitioner-decree-holder to continue the execution proceedings. The facts leading to the filing of this petition may be briefly stated. R. Hanumanthappa and r. Agangappa, respondents 7 and 8 in E. P. No. 7 of 1965 and G. Narayanappa, father of respondents 1 to 5 in the said E. P. executed pronote in favour of Rayalaseema Bank. Rayalaseema Bank transferred the pronote in favour of Sankar Goud for collection. Sankar goud filed O. S. No. 91 of 1951 in Sub-Court, bellary and the decree was passed in 1953. As the functioning of the Rayalaseema Bank was not satisfactory the assets and liabilities of the Rayalaseema Bank were amalgmated with Indian Bank in 1961 under section 45 (6) of the Indian Banking Companies Act. Sankar Goud Gave power of attorney to one k. L. Narasingarao to execute the decree on his behalf and Narasingarao was in the srvice of Rayalaseema Bank at Bellary branch indian Bank was paying for expenses for execution of the decree and Narasingarao was remitting the sale-proceeds of the

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