MODI, J.—This is an appeal by the decree-holder Narpat Raj in execution matter and arises under the following circumstances.

2. The appellant along with the others obtained a decree against the respondents Babulal and others for Rs. 30,000/- together with interest and costs on the 17th January, 1953, in a suit for recovery of mortgage-money. The case of the appellant was that he was a minor at that time and continued to be so until some time after the 9th January, 1956. On the date last-mentioned, this decree was compromised during the course of execution proceedings which had been commenced on an application of the decree-holders dated the 9th February, 1953, and this compromise was arrived at between Sampat Raj, (who it may incidentally be mentioned is the grandfather of the appellant) counsel for the decree-holders, and the judgment-debtors, and the whole decree was settled for a sum of Rs. 29500/- only. On the 3rd March, 1956, the respondents paid this amount to the said Sampatraj as a result of which the execution application was dismissed in complete satisfaction of the decree by an order of the court of the same date. On the 2nd August, 1958, Narpat Raj appellant instituted a

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