Raj Kishore Prasad, J.

1. This appeal by Judgment-debtor 1, arises out of his objection under Section 47, Civil P. C., on the ground, inter alia, that the decree under execution is a nullity, and, therefore, it could not be executed against him.

2. This objection was based on the following facts: The decree-holders were partners of a firm. On the basis of a chitha, executed by the present appellant, on behalf of the defendants firm, in respect of a certain transaction, the defendants were sued by the decree-holders for recovery of a certain amount of money advanced by them to the appellants firm for supply of coal, which it did not supply. The suit was contested by defendants 4 and 5 only.

The present judgment-debtor, who was defendant 1, did not appear and contest the suit, nor did he file any written statement. He was, however, examined as a witness, and he supported the plaintiffs claim, and admitted to have executed the chitha, which was the basis of the suit. The plea taken by defendants 4 and 5 was that the suit was not maintainable, because of non-registration of the plaintiffs firm, and, therefore, Sec. 69(2), Partnership Act was a bar to the suit.

The trial Court o