BANERJEE, J. :- This second appeal arises out of an execution proceeding instituted in the following circumstances. The decree in the suit was made on 30th June 1933. An appeal from it was dismissed on 30th January 1934. An application for execution of the decree was made on 14th August 1934. In due course Bale proclamation was published on 21st July 1935. But no further step having been taken, it was dismissed for default on 4th December 1935.

2. On 23rd June 1937, one Surjya Narayan Roy claiming to be an assignee of the decree filed an execution case. It was registered. On 20th August 1937 the order registering the application was cancelled and the petition was treated as an application for substitution. The decree-holder made another application which gave rise to execution case No. 139 of 1939. This application was filed on 1st September 1939 and was dismissed for want of prosecution on 4th June 1941. In this execution case notice under O. 21, R. 22, Civil P.C., had been issued, followed by a notice under O. 21, R. 66. This application again was dismissed for non-prosecution on 4th June 1941.

3. Execution case No. 21 of 1943 from which this appeal arises was started on 3