( 1 ) THIS appeal by one of the judgment-debtors (second defendant) is directed against the order of dismissal in E. A. No. 205 of 1957 in O. S. No. 124 of 1934 on the file of the Subordinate Judges Court, Kakinada. The respondent herein is the decree-holder (plaintiff ).

( 2 ) THE material facts are briefly these: A firm of Sait Chunilal Moolchand filed O. S. No, 124 of 1954 against Chundrapu Lovaraju and the present appellant on an amount due, on a settlement of accounts, towards the principal and interest. The first defendant contended in the suit that he was entitled to the benefits of Madras Act IV of 1938 and the lower court allowed that plea and restricted his liability under the decree to an amount of Rs. 14,619-13-7, while against the appellant, a decree was pawed for Rs. 19,282-1-3. In execution of the decree, the respondent filed E. P. No. 261 of 1956 against Chundrapu Lovaraju, (first defendant) for the full sum of the decree against Mm and got his properties attached and brought them to sale on 25-2-1957. While that F. P. was pending, the respondent filed a separate execution petition (E. P. No. 42 of 1957) against the appellant for the entire amount of Rs. 1