1. This appeal is brought on behalf of the judgment-debtors against the order of the Additional Subordinate Judge of Motihari, dated the 9th September, 1960, allowing substitution of the heirs of Tilesara Devi, one of the decree-holders in Execution Case No. 35 of 1955, and also allowing substitution of the heirs of Keshwar Koeri, one of the judgment-debtors, who died during the pendency of the execution case,

2. On behalf of the appellants learned Counsel contended that Rules 3, 4 and 8 of Order 22 are not applicable to execution proceedings and there is no provision in the Code of Civil Procedure which empowered the lower Court, to permit substitution of the heirs of Tilesara Devi and Keshwar Koeri in the execution case. Learned Counsel for the appellants, therefore, submitted that the order of the learned Additional Subordinate Judge was vitiated in law and should be set aside and the execution case should be held as incompetent. In our opinion there is no substance in the argument advanced by learned Counsel for the appellants. The question of law involved in this case was the subject-matter of consideration in Venkatachalam Chetti V/s. Ramaswamy Servai, ILR 55 Mad 352: