JUDGEMENT:- The second defendant in suit No.2598 of 1975 on the file of the High Court of Republic of Singapore against whom F.P.No.9 of 1976 has been filed on the file of the District Court, East Thanjavur at Nagapattinam is the appellant herein.

2. The first respondent herein obtained a decree for a sum of $ 30,000, against the appellant herein and the second respondent in suit No.2598 of 1975 on the file of the High Court of Republic of Singapore on 20th October, 1975. The suit claim was based on an arrangement contained in a deed dated 3rd February, 1975. The first respondent-decree-holder filed E.P.9 of 1976, on the file of the District Court, East Thanjavur at Nagapattinam, for recovery of Rs.1,09,840 by attachment and sale of the immoveable properties mentioned in the list attached to the execution petition. The second respondent herein, who was the first respondent in the execution petition before the Court below, remained ex parte. The second defendant, who was the second respondent in the execution petition alone resisted the said execution petition on the following grounds.

1. that the decree is not one passed on merits;

2. that the proceedings in which the judgmen