B.P.GRIYAGHEY, J.

1. This appeal is directed against the order dated 6th July, 1972, passed by second Subordinate Judge, Gaya on an application filed before him by the judgment-debtor of Execution case No. (sic) of 1968 (sic) (which was for delivery of possession) pending in his court, which application of the judgment-debtors was filed under S.151 of the Civil P.C. (hereinafter referred to as "the Code"), the learned lower Court treating that application as that filed under S.47 of the Code, has allowed the objection of the judgment-debtor against the decree-holder"s execution case for delivery of possession.

2. The facts giving rise to that application filed by the judgment-debtor lie on a narrow compass like this, one Parmeshwar Prasad Bhadami had in 1959 borrowed a sum of Rs. 2,80,000.00 from Empire Insurance Company, Bombay (which subsequently merged into the Life Insurance Corporation of India, the present appellant). For that loan, a promissory note was executed by Parmeshwar Prasad Bhadani and his father Chatturam Bhadani who also gave in security a landed property situated within the jurisdiction of the court of Subordinate Judge, Gaya. Since the head office of tha