JUDGMENT :

Ramachandra Raju, J.

This Civil Miscellaneous Appeal is directed against an order dated 7-7-69 of the court of the Addl. District Judge, Krishna Machilipatnam, passed in E.A. No. 54 of 1958 in O.S. No 9 of 1956 rejecting the amendment sought under order 21 Rule 17 and section 151 of the Code of Civil Procedure in E.A No. 67 of 1963 in O. S. No. 9 of 1956 by including the reliefs under order 21, Rules 21, 22, 54, 66 and 82 C.P.C. for attachment and sale of some immovable properties of the judgment-debtors 3 to 7 in execution of the decree.

2. The suit O.S. No. 9 of 1956 was filed by the 1st respondent herein against the respondents 2 to 10. Respondent 2 was a firm of which respondents 3 to 10. were partners. The suit was decreed on 29-2-1956 for a sum of Rs. 6,000/-. Thereafter the 1st respondent transferred the decree on 31-8-1963 in favour of the present petitioner. The petitioner then filed E. A. 67 of 1963 referred to above on 9-10-1963 for two reliefs namely (1) for recognition of his transfer under order 21 Rule 16 C.P.C., and (2) to transfer the decree for execution to the Sub Court, Gudivada as provided under section 39 C.P.C. Notices were issued on that E.A. and cou