( 1 ) THIS is an appeal from the order of the District Judge Mehsana dismissing the objections of the appellant that the proceeding in execution of the decree obtained by respondents Nos. 1 to 6 against him should be discontinued.

( 2 ) BRIEFLY stated the facts are that Regular Civil Suit No. 63 of 1950 was filed by respondents Nos. 1 to 6 against respondent No. 7 who died pending the proceedings and respondents Nos. 7/1 and 7/2 are his heirs who were brought on record for recovering the amount of Rs. 5000/due in respect of certain business transactions. In that suit respondents Nos. 1 to 6 original plaintiffs applied for attachment before the judgment on January 27 1951 under Order 38 Rule 5 of the Code of Civil Procedure. On that application an order was passed by the Civil Judge Junior Division Chanasma on January 29 1951 directing the defendant i. e. deceased respondent No. 7 to furnish security in the sum of Rs. 6000/in default the properties shown in the list accompanying the application were directed to be attached till further order. On January 30 1951 the defendant appeared in the Court and gave an application and prayed that the attachment may not be levied