Judgment-debtor in O.S.No.135 of 1982 on the file of Sub Court, Vellore is the revision petitioner here in.

2. M/s.Sakthi & Company and M/s.Sivasakthi & Company obtained a decree for sale of mortgaged properties. Preliminary decree was passed on 30.4.1985 and final decree was passed on 17. 1985. In execution when the properties were brought for sale, an application was filed by petitioner under Sec.151 of Code of Civil Procedure contending that the decree is not executable. It was contended in that application that Chandrasekara Mudaliar, who represented both these firms was only one of the partners and since he died long before execution petition was filed, execution cannot be proceeded. It is also contended that M/s.Sakthi & Company and M/s.Sivasakthi & Company are only firms having two partners viz., Chandrashekara Mudaliar and his wife and automatically on the death of one of the partners, entire firm stands dissolved since the degree is in favour of the firm and a firm is not in existence, property cannot be brought for sale and execution petition is also not maintainable.

3. Against the said contention, counter affidavit was filed by first respondent alleging th