Narayan, J.

1. This is a miscellaneous appeal directed against an order of the Subordinate Judge of Hazaribagh rejecting an application under Sec. 47, Civil P. C. filed by the present appellants in Execution Case No. 32 of 1950 pending before the said Subordinate Judge. The decrea which is sought to be executed in the said Execution Case is a decree for partition and for recovery of certain sums as costs, etc. The present appellants filed an application before the learned Subordinate Judge stating that the decree had become time-barred and that the application for execution was, therefore, not maintainable. This application was rejected by the learned Subordinate Judge, and hence the judgment-debtors-objectors have preferred this appeal.

2. On account of want of service on respondent 15 the appeal stood dismissed against him on 2-1-1953, and the question has, therefore, arisen as to whether the whole appeal has become incompetent. Because of Standing Order No. 1 of 1953 it has to be determined by the Bench immediately after the order of dismissal has been signed as to whether the appeal has become incompetent as a whole or not.

3. On behalf of the appellants it has been con