This Civil Miscellaneous second appeal arises out of proceedings taken in execution of a final mortgage decree. The petitioner is the son of the judgment-debtor. The final decree was passed on 25th July, 1932. The decree-holder died after the final decree and his son, one Lingasubbayya, appears to have filed three execution petitions, the first on 21st January, 1935, the second on 20th January, 1938 and the third on 31st January, 1941. The third execution application was dismissed on 21st February, 1941. Lingasubbayya’s sons filed an execution petition on 29th January, 1944, which was also dismissed on 24th February, 1944. They again filed the present execution petition, E.P. No. 366 of 1944, on 24th July, 1944, just a day previous to the expiry of the 12 years’ period from the date of the final decree.

The present execution petition was signed and verified by Lingasubbayya’s sons and was also countersigned by one Mr. C.S. Narasimhachariar as vakil for the decree-holder, Veerasubbayya. Mr. Narasimhachariar had no vakalat for Lingasubbayya’s sons, the legal representatives of the decree-holder. Mr. Narasimhachariar’s son, Mr. Srinivasachariar, however, who was working with hi