RAM CHANDRA PRASAD SINHA, J.

1. This Letters Patent Appeal by the decree-holders has been filed against the judgment and order dated 26-11-1970 passed by a learned single Judge of this Court in Misc. Appeal No. 227 of 1968 reversing the judgment and order dated 5-8-1968 passed by the First Subordinate Judge, Muzaffarpur, in Misc. Case No. 81 of 1966 arising out of an objection under S.47 of the Civil P.C. (hereinafter referred to as the Code) filed by the judgment-debtor-respondent in Execution Case No.109 of 1964.

2. The relevant facts, in brief, are as follows : One Achey Lal had two sons Ramdhani Lal and Mahtab Lal, Ramdhanis son Jagdip Sahay had three sons Jaimangal Prasad, Rameshwar Bajrang and Shiva Prasad, Mahtab Lal had four sons Raghubans Sahay, Anant Sahay. Narsing Sahay and Gulzar Sahay. Anant Sahay had two sons Lalji Sahay and Bhagwan Sahay. Lalji had also two sons, namely, Kailash Bihari and Rajpati Sahay, Kailash Bihari and Rajpati has got one son each namely, Harinandan Prasad and Ramchandra Prasad respectively. Bhagwan Sahay had died issueless. Shiva Prasad, the father of appellants 1 and 2 and husband of appellant No. 3, filed Title Suit No. 90 of 1949 in t