Honble GUPTA, J.–In this case vide order dt. 28.5.97 show cause notice was ordered to be issued and the record of the trial court was ordered to be summoned. While so issuing notice, the proceeding pending in the learned court below was stayed till further orders. Thereafter, after service was effected, vide order dt. 25.4.98 the revision petition was admitted. Then when the matter came up for consideration of the stay petition, vide order dt. 3.4.2000 the record of the main execution petition was also requisitioned. After receipt of the record the case was finally taken up on 27.7.2000 and that day with the consent of the learned counsel for the parties instead of considering the stay petition, the main revision itself was taken up for hearing which was concluded on 1.8.2000.

(2). By this revision the decree holder assails the order of the learned Executing Court dt. 28.3.97 whereby the learned court below dismissed the petitioners application filed under Sec. 11 read with Sec. 141 and 151 C.P.C. holding that the objection petition filed by the present non-petitioners is not barred by principles of constructive res judicata.

(3). The case has a chequered history even for the purpose

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