H. L. Agrawal J.

This application in revision has been directed by the decree holder against whom the opposite party filed an application under rule 100 of Order 21 of the Code of Civil Procedure (hereinafter referred to as 'the Code'). A preliminary question on maintainability of the said application was rasied on behalf of the decree-holder and decided against him which has given rise to the present application.

2. The short facts leading to the filing of the present application are as follows. The petitioner took an agreement for sale on 14th August, 1966 from two persons who are opposite party nos. 5 and 6 in this application with respect to certain landed property and ultimately filed a title suit for specific performance of the contract for sale on 24th July, 1967 which was numbered as Title suit no. 64 of 1967. This suit was decreed and the petitioner filed Execution case no. 15 of 1969 in the Court below. Opposite party no. 1 who is uncle of opposite party nos. 5 and 6 to this application had filed a claim case on the 8th December 1969 in the said execution case under rule 58 of Order 21 of the Code. In the meantime the sale deed was already executed in favour of the