( 1 ) THIS is an appeal from ex , parte order passed by Sri G. S. Chatterjee, Subordinate Judge, 6th Court, 24-Parganas allowing an objection under Section 47 of the- Code of Civil Procedure and dismissing Money. Execution Case No. 1 of 1953 as not maintainable. The facts are briefly as follows. The appellant Ganguly Engineering Ltd. obtained a money decree for Rs. 10462 7/- including costs in Money Suit No. 1 of 1940 of the 2nd Additional Court of Subordinate Judge, Alipore. The decree was obtained on 31-5-1941 and after obtaining the decree the appellant started Money Execution Case No. 10 of 1941. This execution case was stayed under Section 34, Bengal Agricultural Debtors Act on 28-8-1944, the debtor having made an application before the Debt Settlement Board at Jhenidah in the district of Jessore for settlement of the debt comprising the decretal amount. The money execution ease was still stayed under Section 34 of the Bengal Agricultural Debtors Act on the date of the partition, namely, 15-8-1947. After the partition the Special Officer, Debt Conciliation Board at Jhenidah who had taken the charge of the cases before the Debt Settlement Board made an award under Sect