Jamuar, J.

1. The miscellaneous appeal and the civil revision application have been heard together, as they arise out of the same order.

2. I shall deal with the miscellaneous appeal first. The appeal arises out of an application filed in the Court below under S. 47, Civil P. C. object- ing to the sale of certain lots mentioned in the talika in the execution case by one Prasadi Mahto who was added in column No. 9 of the application for execution at the instance of the decree-holder. The facts necessary for the decision of this appeal are these: The decree-holder had obtained a deoree on 18-2-1946, from the Court of the Munsif of Bihar against one Mt. Chamni on the basis of a handnote. This decree was transferred to the Court of the Munsif of Barh on 10-8.1948, for execution. On 7-9-1948, the decree-holder applied to the executing Court in the prescribed manner for the execution of the decree against Mt. Phulia and one Ram Charitar Mahto, as Mt. Chamni had died. Subsequently, the name of the appellant, Prasadi Mahto, was added as a judgment-debtor by an order dated 15-12-1948, on an application of the decree-holder, on the ground that, on the death of Mt. Chamni it was neces