DAVE, C. J.—This is a special appeal by the judgment-debtor Ganeshmal against the order of a learned single Judge of this Court dated 25th July, 1961 dismissing his execution first appeal in limine.

2. The facts giving rise to this appeal are as follows:

One Raj Narain Mathur obtained a money decree for Rs. 37,086/15/- from the Court of Senior Civil Judge, Ajmer, on 29 4-60 against the present appellant Ganeshmal. He took out execution of the said decree, but before it could be satisfied, he expired on 16-12-60. Thereafter an application under sec. 146 read with O. 21, r. 16 of the Code of Civil Procedure was filed on 7-1-61 by his widow Smt. Anand Kumar, his seven sons and two daughters and another similar application was filed by his remaining three daughters at 18-2-61 and therein it was prayed that they be substituted as the legal representatives of the deceased and also be allowed to proceed with the execution petition filed by Rajnarain. These applications were opposed by the judgment-debtor on three grounds, but these objections were repelled by the executing court and it was ordered that the names of the twelve applicants be substituted in place of the deceased and that the e

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