H.L.Agarwal, J.

1. This Miscellaneous appeal under Sec. 47 of the Cods of Civil Procedure is by one of the judgment-debtors against the orders of the Courts below rejecting his objection for dismissing an execution case in the following circumstances.

2. Respondent No. 1 Kanhaiya Lal Jain and one Misri Lal jain obtained a decree for eviction of the appellant and others from a piece of land on which they are running a petrol pump of Burmah Shell Company. The decree was put in execution in Execution Case No. 9 of 1960 in the Court of the Munsif, Hazaribagh, and delivery of possession was purported to have been effected by the Nazir on 6-8-1961. Three miscellaneous cases, namely, Nos. 83, 84 and 85 of 1961 were filed on various grounds by the judgment-debtor, which were all dismissed. Several years thereafter on the 15th March, 1966, the decree-holders again approached the Executing Court for issue of a fresh writ of delivery of possession. On this application by the decree-holders, objections were put in by the judgment-debtors and again three miscellaneous cases Nos. 36, 37 and 38 of 1966 were registered. Their main objection was that the execution case having been dismissed