This second appeal raises the question about the true inter­pretation of Section 306 of Indian Suc­cession Act.

2. The facts culminating in this second appeal are that Narendra Kumar Paul filed a suit in the year 1945 against Prasanna Kumar Sil claiming damages arising allegedly out of his malicious prosecution by the latter. The suit was dismissed by the trial Court on 28-2-1959. Narendra Kumar Paul filed an appeal in the Court of the Subordinate Judge, Tripura, Agartala, against the decree of dismissal. His appeal was accepted and the suit decreed in a certain sum. Prasanna Kumar Sil then lodged a second appeal in this Court against the decree of the first appellate Court. Be­fore that appeal could be heard on merits, Prasanna Kumar Sil died and since his representatives were not brought on the record within time, the appeal was dismissed on 24-8-1967.

3. Narendra Kumar Paul then sued out execution on 17-5-1968 against the legal representatives of the deceased judgment debtor. The legal representa­tives raised an objection in the execut­ing Court that since due to death of Prasanna Kumar Sil the second appeal had abated, it was not open to Narendra kumar Paul to claim execution of

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