B.D.Singh, J.

1. This miscellaneous appeal has been filed by the decree-holder appellants against the order in Misc. case No. 14 of 1963 which was filed by the iudgment debtor in the following circumstances:

The appellants obtained a money decree on 24-6-59 from the Court of 1st Subordinate Judge. Patna against Dhan-raj Mill (Pvt.) Ltd. for Rs. 89,632.50 paise and as cost Rs. 2,724.88 paise. When the decree holders filed execution proceeding in order to execute the decree, an objection was filed by the judgment-deb-tor-company mainly on the following two grounds: (i) That the execution case was barred by limitation.

(ii) That the Bombay High Court had passed orders on 21-1-1959 for winding up the said company and appointing an official liquidator.

After the said objection was filed in the execution case. Misc. Case No. 14 of 1963 was registered and after hearing both the parties the learned Additional Subordinate Judge, Patna passed the following two main orders: (1) That the Patna Court had no jurisdiction to pass the decree after the Bombay High Court had passed orders on 21-1-59 for winding up of the company and appointing the official liquidator. Therefore, he held that