U.N.Sinha, J.

1. This application has been filed by the persons at whose instance Miscellaneous Case No. 21 of 1962 had been registered under the following circumstances:

In 1960, an execution case was commenced by the decree-holder, which was numbered as Execution case No. 112 of 1960. The execution was levied as against some properties of one Basudeo Prasad. According to the decree-holder, Basudeo Prasad was a co-judgment debtor of the decree holder with respect to a decree which had been passed against Basudeo Prasad and one Mahendra Lal. It appears that during the course of this execution case, the decree-holder died and thereafter, Basudeo Prasad also died.

The present members of the opposite party continued the execution case as the widow and the sons of the original decree-holder as against the present petitioners, who are the widow and the sons of Basudeo Prasad. These petitioners, there-after, objected to the attachment of the properties, which were attached in the execution case for realisation of the decretal dues. The application was originally filed under Order XXI Rule 58 off the Code of Civil Procedure. Thus, Miscellaneous Case No. 21 of 1962 was registered.