( 1 ) THIS Rule was obtained by the successor-in-interest of Raja Janaki Nath Roy, Narendra Nath Roy and Co. (P) Ltd. , the plaintiff-respondent in S. A. 638 of 1952. The appeal was heard and disposed of by a Division Bench of this Court consisting of Guha Roy and S. K. Sen, JJ. on 26-8-1955 whereby the appeal was allowed and the plaintiff's suit was dismissed and costs throughout were awarded to the defendants. It appears that on 5-2-1958 the above company went into liquidation and the opposite parties in this rule, the heirs and legal representatives of the defendant started execution for realisation of the decretal dues without mentioning that the said company was in liquidation. The proceeding culminated in S. M. A. 57 of 1961 and it was ordered by this Court on 6-2-1963 that the executing Court would allow the amendment of the execution petition showing that the said company was in liquidation represented by its liquidators. It appears that an amendment was made as stated above and on 17-6-1963 the joint liquidators filed an objection under Section 47 on the ground that the decree was not in conformity with the judgment and Misc. Case No, 39 of 1963 was