1. In this case the petitioner obtained a money decree against the opposite party, Kanti Kumar Sinha, and put the same in execution in Execution Case No. 294 of 1954 in the 1st Court of the Munsif of Patna, praying for attachment of zamindari interest including some bakasht lands appertaining to the zamindari of the opposite party. It appears that the zamindari interest and the bakasht lands were attached and sold in execution of the said decree on the 12th July, 1957, but the opposite party took an objection that the zamindari interest had already vested and so the bakasht lands could not be sold in execution of the decree. The objection was allowed in the executing court in Miscellaneous Case No. 256 of 1957 and the sale was set aside.

Thereafter the petitioner made an amendment in the execution petition praying for the attachment of the bakasht lands which were settled with the opposite party by virtue of Sec. 6 of the Bihar Land Reforms Act. The Judgment-debtor opposite party objected on the ground that the decision in the previous miscellaneous case operated as res judicata and the amendment sought for by the petitioner could not be allowed. This objection was sustaine