JHA, J.

1. The judgment-debtors in an execution case giving rise to Miscellaneous Case 47 of 1966 have obtained a rule from this court against the order dated the 29th of November, 1966 passed by the learned Subordinate Judge, 1st Court, Dhanbad.

2. The facts relevant for the purpose of disposal of this application can be stated in short compass. One Moinul Haque was the decree-holder who levied execution of the decree in Execution Case 65 of 1964 after the decree was made final on the 6th of August, 1964. On the 24th of December, 1965 Moinul Haque died. On the 16th of February, 1966 Ahmad Kareem, opposite party No. 1, filed an application for substitution of his name in place of the deceased decree-holder Moinul Haque. Ahmad Kareem is the son of one Md. Waliul Haque. The application for substitution in the execution case was made on the basis of an alleged oral gift of the decree in his favour by the deceased decree-holder Moinul Haque. The executing court, without hearing the petitioners judgment-debtors, ordered his name to be substituted on the basis of the claim aforesaid made by him. Against that ex parte order Civil Revision 112 of 1967 was filed in this Court by the