P. N. MOOKERJEE, J.

( 1 ) THIS appeal arises out of a proceeding in execution. The present appellants who were the defendants in the original suit were the tenants under the plaintiff respondent Manindra Mohan Saha and his brother Jatindra Mohan Sana. These two brothers instituted a suit for ejectment against the defendants appellants and obtained a decree. That decree was put into execution and in the executing court an objection was filed by the judgment debtors under section 47 of the Code of Civil Procedure. The objection which is material for our present purpose arises on the following allegations, viz. , that during the pendency of the ejectment suit one of the plaintiffs Jatindra Mohan died on the 22nd November 1950, but the suit was decreed on the 16th June 1951 without any substitution in place of Jatindra and without any step having been taken in that behalf or in consequence of the said death. It is, accordingly, contended that the suit abated and, therefore, the decree passed was without jurisdiction and was a nullity. The learned Small Cause Court Judge before whom the decree was being executed overruled this objection upon the view that the executing court was not en

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