B.P.SlNHA, J.

1. This is a judgment-debtors appeal from the decision and order, dated 18th January 1949 based by the Subordinate Judge of Patna overruling their objections to the execution of the decree, under s. 47, Civil P. C.

2. It appears that the respondents family, which, admittedly, continues to be a joint Hindu Mitakshara family, obtained a decree on the foot of a simple mortgage bond. The preliminary deoree was-made final on 24th August 1938. The deoree had been passed in favour of five persons, namely, (1) Nem Narain Singh, the karta of the family, (2) Harihar Singh, son of Nem Narains brother, Jangi, (3) Bang Bahadur alias Madni, (4) Eameshwar, both sons of Nem Narain Singh, and (5) Nageshwar alias Rajniti, eon of Harihar aforesaid. It appears that Rang Bahadur alias Medni aforesaid died sometime in 1939, leaving him surviving a widow and the other members aforesaid. By a petition, dated 16th September 1939, the Court was apprised of the faot that Medni, one of the decree holders, was dead. That was done on the 22nd of August, 1945. The present execution case was instituted on the 1st February 1947, by Nem Narain Singh for himself and as guardian of his grand-nep