( 1 ) AN application for execution of a money decree dated 30th January. 1953 by attachment and sale of the defendant's sixteen annas share in the divided portion of premises No. 30, Maharshi Debendra Road, Calcutta, has been moved before me by the heirs and legal representatives of the plaintiff-decree holder, one Benode Chatterjee since deceased. The application has been made on Tabular Statement affirmed by the said plaintiff-decree-holder on 27th January, 1965. It appears from endorsement in the Tabular Statement that direction was given by the learned master on the same date for issue of notice under Order XXI Rule 22 (1) (a) of the Code of Civil Procedure. The application was made within 12 years when the default in making the payment directed in the decree in respect of which execution, is sought took place i. e. , 28th February 1953.

( 2 ) THE Notice under Order XXI. Rule 22 (11 (a) was not issued and the plaintiff-decree-holder did not take any step. On April 22. 1965 pending the said execution the plaintiff decree-holder died leaving him surviving Sm. Basanti Chatterjee, widow and Parthe Chatterjee, son as Ms heirs and legal representatives. The said he