Untwalia, J.

1. This" appeal by the plaintiffs under Clause 10 of the Latters Patent on leave granted by a learned single Judge o£ this Court arises out of a suit filed by them for a declaration that the auction sale held on 17th May, 1950, and the delivery o£ possession following upon it on 23rd September, 1950, with respect to a house situate in mauja Khusrupur in the district of Patna are null and void and inoperative to divest the title of the plaintiffs thereto.

The principal defendants obtained a money decree against the plaintiffs and other members of their family in the civil court of Deoria (U.P.) on 14th June, 1932. Subsequently, on an application being made under Order 9 Rule 13 of the Code of Civil Procedure, the ex parte decree as against one Madho Lal who was defendant No. 1 in the action was set aside and the suit on being tried afresh was dismissed as against him on 17th July, 1936; but the decree against the plaintiffs passed on 14-6-32 remained.

The said decree was attempted to be executed by getting it transferred to the district of Patna for execution and the final transfer of the decree was made by virtue of the qrder dated 16-7-48. The said order was a