( 1 ) THIS appeal is preferred against an order passed by the learned Subordinate Judge, Sixth Court, the Executing Court, allowing the decree-holder petitioners to take delivery of possession after dispensing with the service of notice under Order 21, Rule 22 of the Code of Civil Procedure on some of the heirs and legal representatives of the deceased judgment-debtor briefly in the following circumstances.

( 2 ) THE respondent, Ballygunge Estates (Private) Ltd. is the owner of a Cinema House known as 'aleya Cinema' near Gariahat Market, Ballygunge, Calcutta. One Keshab Chandra Dutta, who was the Manager of the Cinema, instituted a suit on or about 17th August, 1970 in Alipore Court for specific performance of contract with other consequential reliefs against the respondent in terms of an agreement alleged to be entered into by and between the respondent and the plaintiff in that suit which was ultimately decreed ex parte. This ex parte decree was put into execution on or about 27th January, 1971 and the plaintiff Keshab Chandra took possession of the Cinema.

( 3 ) THEREAFTER, the respondent made an application under Order 9, Rule 13 of the Code of Civil Procedur