ReuBen, J.

1. The case has been refd. to a Special Bench for a decision as to when an order under O. 41, E. 5, Civil P. 0. passed by an appellate Ct. becomes operative, whether it operates from the moment when it is passed or only after communication to the Subordinate Ct.

2. This appeal, which is directed against a decree for the recovery of possession of certain property, was filed on 13-4 1950. On the 14th of April by an order under 0. 41, B. 5, an order for ad interim stay of delivery of possession was passed. The necessary requisites were filed on the 17th of April & the order was issued for communication to the subordinate Ct. By some mischance the appllt. made an error in naming the subordinate Ct. & the communication was addressed to the Permanent Munsif of Araria instead of the Addl. Munsif of Araria. It reached the Permanent Munsif on the 25th of April & was given effect to in execution case No. 8 of 1949 of his Ct. instead of being given effect to in the execution case of the same number in the Ct. of the Addl. Munsif in which the decree under appeal was being executed. In consequence, the Addl. Munsif delivered possession of the property in suit to the D. H. in