This revision by the 3rd judgment (3rd defendant in the suit) is directed against the order dated 28-2-1980 passed in E.P. No. 233 of 1975 in O. S. No. 134 of 1964 on the file of the Munsiff Neyyattinkara, which was an application for recovery of the plaint schedule property, the suit for redemption having been decreed as early as on 31-3-1967.

2. The counsel for the petitioner submitted that the decree could not be executed inasmuch as it was not one passed in conformity with the provisions of Order XXXIV, Rule 7 of the Code of Civil Procedure, for no preliminary decree was passed preceding the decree that was sought to be executed, as required under that rule. He pointed out that the decree was passed on 31-3-1967 at a time when Order XXXIV of the Code of Civil Procedure stood without being amended by the Kerala amendment to that Order (concerning suits relating to mortgage of immovable property) which was brought into effect by the amendment dated 10-12-1973 published in the Kerala Gazette No. 3 dated 15-1-1974 and which contemplated, by Rule 4 thereof, the passing of a decree straightway without requiring the passing of a preliminary decree preceding it. It is also subm