This is an appeal by the decree-holder in O. S. No. 781 of 1933, District Munsiff Court, Nellore, against the order of the District Judge, Nellore., dated 7th October, 1947, in A.S. No. 111 of 1947 on his file, setting aside the Kavali District Munsiff’s Order, dated 13th December, 1946, in E.P. No. 48 of 1946, in O. S. No. 781 of 1933, and dismissing the execution petition as barred by limitation, as the Order of the District Munsiff, Nellore, dated 27th January, 1936, in Exhibit P-5(a), directing simultaneous execution in his court as well as the District Munsiff Court, Kavali, had been passed without notice to the judgment-debtors and was illegal and would not serve as a step-in-aid of execution and save limitation regarding the subsequent execution petitions, including E.P. No. 48 of 1946, under the rulings in Gurudas Adbya v. Jandra Narain Batchi and others1 and L.H. Kanhere v. V.G. Virkhar and others2.

I have perused the entire records, and heard elaborate arguments on both sides, as there is no direct decision of this court on the legal point involved, where the lower courts have given contradictory decisions.

The facts were briefly these. The appellant had, on 24th Ja