( 1 ) THIS Revision Application raises an interesting question as to how far the principle of constructive res judicata applies in execution proceedings. Opponent No. 1 obtained a decree against the applicant on 14 April 1955 for a sum of Rs. 3 500 in a suit for recovery of possession of immovable property and mesne profits. Opponent No. 1 thereafter filed an application to execute the decree against the applicant and on the application a notice under Order XXI Rule 22 of the Code of Civil Procedure was issued to the applicant. The applicant appeared in answer to the notice under Order XXI Rule 22 of the Code of Civil Procedure and applied for adjournment from time to time on the ground that he wanted to file a written statement and to contest the notice. The applications for adjournment were granted by the executing Court on three or four occasions but ultimately the executing Court refused to adjourn the proceedings any further and dismissed the last application for adjournment made by the applicant on 14th April 1961. The executing Court thereafter made an order on the notice under Order XXI Rule 22 of the Code of Civil Procedure on 8th July 1961 directing a wa