P.T. Raman Nayar, J.

1. On the 4th of December 1954 the plaintiff decree holders applied by E. P. 826 of 1954 for delivery of the property in suit in execution of the redemption decree they had obtained. Notice was ordered on this application for the 13th December and was returned with the endorsement that it was refused and therefore affixed. Service was presumably held sufficient and an ex parte order for delivery was made on 13-12-1954. Delivery was actually effected the following day, and, on 15-12-1954, the 5th defendant came forward with the application out of which the present appeal arises. In this application he prayed for:

(1) a review of the order for delivery;

(2) a cancellation of that order; and

(3) for an order for re-delivery with mesne profits by way of restitution.

The principal ground he alleged in support of this application was that he had no notice whatsoever of the execution application and that the return on the notice was false. He also alleged, apparently for the purpose of showing that he had a valid defence to the execution, that execution was barred by section 4 of the Travancore - Cochin Act VIII of 1950 and that, to come within the saving in the pr