CHANDRA REDDY, J. :-

This is defendants appeal. The action giving rise to this appeal was brought up by the respondents for setting aside the summary order passed by that Court on 12-7-1948 dismissing the claim petition in execution proceedings in O. S No. 7 of 1944 on the file of the Sub Court and for other incidental reliefs. The circumstances leading up to this appeal may be set out in brief.

2. The appellant filed O. S. No. 18 of 1942 in the District Court, Anantapur which was subsequently transferred to the Sub Court and numbered O. S. No. 7 of 1944. That suit was for recovery of damages in a sum of Rs. 10,022-10-6 for alleged breach of contract dated 28-11-1949 whereby the plaintiffs agreed to deliver to the defendants 100 bales of yarn at a price of Rs. 10-8-0 per bundle. The answer to the suit was that the contract was a wager and consequently unenforceable. This defence found favour with the trial Court. But on appeal the suit was decreed in reversal of the trial Courts decree. The learned Judges of the Madras High Court expressed the opinion that the suit contract was not by way of wager and breach of it would give a cause of action for damages.

In execution of this