Imam, J.

1. This is an appeal against the decision of the Additional District Judge of Bhagalpur who set aside the decision of the Subordinate Judge of Madhipura. The appeal is on behalf of the judgment-debtor objecting to the execution of a decree. On 23-6-1937, a compromise decree was obtained by one Lokenath Dhandhania, and it was directed by that decree that the sum of Rs. 3,094/- was to be paid by 15-8-1939. The decree was actually registered on 30-9-1937. The first execution which took place concerning the decree was on 20-1-1941, and it was sought to be executed by one Rameshwarlal Jhunjhunwala. It was dismissed on the ground that the application was untenable. The estate of Lokenath Dhandhania was the subject of partition in partition Suit No. 998 of 1939 in the High Court of Judicature at Calcutta. In Extraordinary Suit No. 4 of 1939, Naresh Mohan Thakur, Kamaldhari Lal, Bansidhar Dhandhania and Rameshwarlal Jhunjhunwala were appointed receivers. The receivers applied for appointment of trustees, On 3-6-1940, Rameshwarlal Jhunjhunwala and Rawat Mul Nanpania were appointed trustees.

The second application for execution was made on 20-12-1941, by Rameshwarlal Jhunjhu