JUDGMENT

Suhrawardy, J. - This appeal is by all the judgment-debtors, except Judgment-debtor No. 3, against an order passed by the Subordinate Judge of Birbhum, dated the 27th May 1924, overruling the objections made by the judgment-debtors to the execution u/s 47, Civil P.C., The main objection which has been pressed before us is that no notice under Order 21, Rule 22 having been served on Judgment-debtor No. 3 who is not an appellant before us, the entire execution proceedings are void and without jurisdiction and, therefore, the sale effected in these proceedings must be set aside. The decree obtained was for rent in respect of a darpatni under the plaintiffs who are the patnidars. The darpatni was held by Tara Prasanna, Shyama Prasanna and Bazrangi Prosad. On the death of Bazrangi Prosad his widow Sabitri Kumari Barmani (Judgment-debtor No. 3) was treated as his representative. But it is the case of the appellants that the share of Bazrangi Prosad was sold by him to the appellants by a kabala dated the 8th Chaitra 1327. Sabitri Kumari, therefore, had no subsisting interest in the darpatni. The decree-holders described her as one of the judgment-debtors in the execution proceedin