Das, J.

1. This is an appeal under the Letters Patent from the decision of a Single Judge of this Court, dated the 28th January, 1948. The facts out of which the appeal arises may be shortly stated. The appellant before us obtained a decree for a sum of Rs. 266/- and . odd annas against the respondent on the 4th of November, 1943. The decree was put in execution in March, 1944, and on the 13th of August, 1944, certain properties of the judg- ment-debtor were sold and purchased by the appellant. On the 21st oi September, 1944, the sale was confirmed and on the 9th of October, 1944, the execution case was dismissed on full satisfaction of the decree. When the appellant asked for delivery of possession, he was resisted by the wife of the judgment-debtor, who preferred an objection under the provisions of Order XXI, Rule 100, Code of Civil Procedure. This gave rise to a miscellaneous proceeding, and the claim of the wife of the judgment-debtor was allowed on the 14th of February, 1945.

Some two months after, on the 11th of April. 1945, the appellant applied for a iresh execu- tion of the decree, ignoring the sale which had taken place and the order dismissing the execution case