K. C. DAS GUPTA J.

( 1 ) A suit instituted by Bholanath Sen and Tulsimanjari Dassi in forma pauperis having been dismissed with costs, they were, under the decree, made liable to Government to pay the sum of Rs. 2484-12-0 on account of costs of court-fees and the sum of Rs. 1115-9-6 to the defendant Rajlakshmi Dassi. Rajlakshmi Dassi applied for execution of this amount together with costs of execution on 13-11-1943 in Title Execution Case No. 41 of 1943. The Government of West Bengal had applied for execution against Bholanath and Tulsimanjari in the Execution Case No. 25 of 1942 and got four Government Promissory Notes attached. After some vicissitudes, with which we are no longer concerned, the position in the beginning of January 1952 was that in the execution case commenced by the present petitioner the legal representatives of Bholanath and Tulsimanjari, who had died on 20/9/1947 and 8/11/1948 respectively had been substituted in their place. No such substitution had, however, been made in the execution case started by the Government of West Bengal. An application for substitution of the heirs of Bholanath Son was indeed made on behalf of Government on 10-1-1952, but it was

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