The revision is filed by the decree-holder in O.S. No.324 of 1982, on the file of the District Munsif’s Court, Tirukoilur.

2. The, suit filed by the decree-holder was one for declaration of title and other reliefs. In the suit, there are three defendants. For reasons better known to the plaintiff, during trial, one of the defendants was removed from the party array. Later, the suit was decreed as prayed for. When execution was proceeded, defendant who was removed from the party array, filed the present application under Sec.47, of the Code of Civil Procedure, alleging that he is entitled to one half of the property for which decree has been granted in favour of the plaintiff. He said that he is entitled to the northern 47 cents on the basis of partition deed entered into before institution of the suit, and that since he is not a party to the proceedings, the decree is not binding on him.

3. The maintainability of the application was challenged by the decree-holder before the Executing Court.

4. On merits also, he contended that the document is invalid and he is entitled to recovery on the basis of the decree.

5. By the impugned order, court below accepted the contentio