U.N.Sinha, J.

1. This application has been filed by a claimant, who had applied under Order 21, Rule 58 of the Code of Civil Procedure and whose case was dismissed by the learned Additional Munsif by his judgment and order dated the 25th August, 1971.

2. The relevant facts are as follows. In 1966, a suit had been filed by the opposite party for evicting the defendants of the suit from the suit premises. The suit had been decreed in due course on the 12th July, 1968 and the title appeal filed against the decree of the trial Court was dismissed on the 10th October, 1969. A second appeal filed in this Court, numbered as Second Appeal No. 26 of 1970, was dismissed in limine on the 21st October, 1970. It appears, that, before the title appeal had been dismissed, an execution case was levied by the decree-holder on the 23rd September, 1969, numbered as Execution Case No. 16 of 1969. The present application under Order 21, Rule 58 was filed by the petitioner on the 9th July, 1971. Before the conclusions of the learned trial Judge are mentioned, it may be stated, that, an application under Sec. 47 of the Code of Civil Procedure had been filed by the aggrieved judgment-debtor, which