H.L. Agrawal, J.

This is Miscellaneous First Appeal under Section 47 of the Code of Civil Procedure on behalf of JUDGMENT : debtor No. 3.

2. In ORDER :to appreciate the various questions of law that arise for decision in this case, it is necessary to state the few relevant facts. Respondent no. 1 instituted Money Suit no. 77 of 1955 in the Court of the Subordinate Judge, Patna, against a firm namely, M/s Kameshwar Sinha & Company, and two of its partners, for realisation of Rs. 18,771/- due to it as the balance of the price of coal sold on credit to the firm, who was defendant No. 1. In that suit, the first two defendants did not appear in spite of service of summonses. The plaintiff and defendant No. 3, who is the appellant before me, filed a compromise petition. In the said compromise petition it was stated that the appellant was not a partner of the defendant no. 1 firm at all and the plaintiff-therefore, agreed to exonerate him from the claim in the suit "which was hereby withdrawn against him." Later on, the Court passed an exparte decree on the 26th June 1957 against the other two defendants. The plaintiff thereafter levied execution Case No. 1 of 1960. In the executi