Honble BALIA, J.–This special appeal has arisen in the following circumstances. The respondents are legal representatives of the decree holder Badrinarain and the appellants are the legal representative of the judgment-debtor Abdul Ghani. The said Badrinarain obtained a decree against Abdul Ghani in a mortgage suit on 11.5.52 in which an amount of Rs. 11,194.25 ps. was determined as payable by the said Abdul Ghani from the date of final decree. The successive executive applications were filed for recovering the same sum. First application for execution was filed on 7.10.52 in which proceedings the decree was partially satisfied. The proceedings ended on 21.12.56. The second execution resulted in further partial satisfaction. The said execution terminated on 25.9.1957. The third execution application which was filed on 20.05.1958 resulted in further partial satisfaction of the decree and the said proceedings ended on 6.8.1960. The present execution application for the recovery of remainder sum was filed on 30.01.1971. The notice of the application was issued to all the appellants and another son who was reported to be dead by the process server. The appellant No.1 accepted service o

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