JAIN, J.—This appeal by the judgment-debtor is directed against the order of the Additional District Judge No. 1, Jaipur City dated 5-11-73 passed in Execution Case No. 15/1972.

2. Facts leading to this appeal are as follows :—

The respondent obtained a money decree against the appellant, judgment-debtor on 23-11-62. This decree was upheld in appeal by the High Court on 29-7-70. During the pendency of the suit the decree-holder got the property of the judgment-debtor attached under 0.38 Rule 5 C. P. C. He took out execution application on 3-4-63 which was dismissed on 31-8-63 for default. His second application dated 30-8 71 for execution was also dismissed on 22-1-72 on account of non prosecution. The decree holder then applied for the sale of the property under attachment on 29-3-72. The judgment-debtor filed an objection that the property cannot be sold as no fresh attachment has been sought. According to him the attachment had ceased to exist after the first execution application was dismissed. There were other objection as well but I am not concerned with those objections in the present appeal. The learned executing Court held that the attachment before judgment survived for eve

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