G.N.Prasad, J.

1. This is a decree-holders appeal against the order of the executing Court upholding the objection of the judgment-debtors under Sec. 47 of the Code of Civil Procedure.

2. The decree under execution was passed on 8-2-1952 in Rent Suit No. 1 of 1951. The decree was put in execution in Execution Case No. 26 of 1954, which was dismissed for default on 28-7-1955. A second execution case, namely. Execution Case No. 23 of 1958 was filed by the decree-holder on 18-7-1958. and the notice required under Order 21, Rule 22. Code of Civil Procedure, was duly served upon the judgment-debtors. On 11-2-1960, however, the decree-holder filed an application to the executing court for amendment of the execution petition by deleting the property originally mentioned therein and substituting another property and to start the execution proceeding afresh. This petition was allowed on 4-3-1960, and on 11-3-1960. an order was passed for attachment of the substituted property. On 21-8-1961. the judgment-debtors filed an application under Sec. 47. Code of Civil Procedure, objecting to the executability of the decree mainly on two grounds; (i) the execution petition as originally file