( 1 ) THE short question that arises for consideration in this Letters Patent Appeal is whether, by reason of the executing Court having taken the execution petition out of its file and consigned the same to records, the right of a decree-holder to execute the decree is taken away unless he had made an application for revival of the execution petition within three years from the date of that order i. e. , 1-12-1951.

( 2 ) THE facts necessary for the disposal of this appeal are these; One Chunnilal, the father of the appellant (3rd decree-holder) and others obtained a decree in O. S. No. 10/1 of 1333 Fasli against the defendants. The action was laid on the foot of a mortgage. The decree provided that the debt has to remain under mortgage till the decree was completely satisfied. A number of execution petitions were filed, the last one being E. P. No. 13/2 of 1355 Fasli for realisation of the balance of the decretal amount by sale of the mortgage property as well as arrest and detention of the judgment-debtors in a civil prison. Some of the judgement-debtors paid a portion of the decretal amount and compromised with the decree-holder. A revision was preferred in the Hi