JOSHI, J.—This is an appeal by Smt. Pushpa widow of Shri Magsingh under sec. 100 read with sec. 47 C.P.C. against the judgment and decree of Additional District Judge No. 1, Jodhpur, dismissing the objection of the judgment-debtor under sec. 47 C.P.C.

2. The Material facts giving rise to this appeal briefly stated are as follows:—

Respondents Nos. 1 to 3 filed a suit for partition against one Magsingh, the husband of the appellant in the court of Civil Judge, Jodhpur. A preliminary decree for partition was passed by the learned Additional Civil Judge on 30th of March, 1966. During the proceedings for final decree the matter was compromised whereunder Magsingh was allowed to keep the entire house, the price of which was determined at Rs. 7,750/- and Magsingh agreed to pay half of the amount of Rs 7,750/ towards the share of the respondents Nos. 1 to 3 in the joint property, Magsingh, however, failed to pay the amount agreed to under the aid decree. The respondents Nos. 1 to 3 therefore took out execution and got the house of Magsingh attached in July 1969. Magsingh thereupon filed objection under sec. 47 C.P.C. on 19-9-69 inter alia alleging that the decree in question being a money d

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