1. The plaintiffs in O.S.130/84 before the Sub Court, Kottayam are the revision petitioners.

2. The petitioners were sureties for the transactions, one Mathew Joseph was alleged to have had with certain strangers in connection with procuring of jobs for them at his place of employment. The case of the plaintiffs is that Mathew Joseph failed to get employment to those persons and therefore the petitioners, being the sureties had to repay the said persons the monies, Mathew Joseph had taken from them. To recover the monies thus repaid, the petitioners filed the suit, O.S.130/84 against Mathew Joseph. The suit was decreed exparte on 1-12-1984. The petition to execute the decree was filed in 1987 is E.P.45/87. The respondent herein one of the legal representatives of Mathew Joseph filed E.A941/88 in the E.P. for a declaration that the decree is incapable of execution as the same was obtained against a dead person. He in support of this contention pressed into service S.107 and 108 of The Indian Evidence Act. The court below after considering the various aspects of the said contention has, by the order under challenge, declared that the decree is incapable of execution.

3. Tha