HARI LAL AGRAWAL, J.

1. This is an appeal under Sec. 47 of the Civil P.C. by the decree-holder. He had filed a suit for declaration of his title to and confirmation of possession or in the alternative, recovery of possession of certain immovable property and obtained a decree. He has started the present execution case out of which this appeal arises praying for delivery of possession of the property in question after demolishing certain flimsy construction described as Docharas.

2. The judgement debtors took objection to the executability of the decree. Their further objection was that there being no direction in the decree to deliver vacant possession, the court could not make any order to that effect in favour of the decree holder. The application of the judgement debtors was registered as a miscellaneous case under Sec. 47 of the Code.

The decree holder filed a rejoinder in the said miscellaneous case and one of the points raised by him was that the objection petition of the judgement-debtors was not maintainable being barred by the principles of constructive res judicata, as no such objection was filed after the service of O.21, R.22 notice and the executing court had a