( 1 ) WHEN the execution proceedings were pending, the applicants, who are heirs of the judgment-debtors, filed a Misc. Case under Section 47 of the Civil P. C. The objection was twofold. It was alleged that previously the execution case was dismissed for default. No prayer was made by the decree-holders to vacate that order or to restore the execution case to file. The Court suo motu vacated the order and restored the execution case to its original number. So an illegal order was passed. Secondly, the judgment-debtor died on the 21st January, 1966. whereas the application for substitution was filed by the decree-holders on the 15th May, 1978. So the allegation was that the execution case became time-barred. The learned Subordinate Judge rejected both the contentions. Hence this revisional application.

( 2 ) IN this Court also those two objections have been pressed. It has been first stated that the order-sheet shows that on the 2nd September, 1967. decree-holders were directed to show cause why the execution case would not be struck off because no steps had been taken. So the case was fixed on the 20th Sep. , 1967. for orders. On that date the decree-holders too