This is a civil miscellaneous second appeal filed by one Satyanarayana, the fourth respondent in E.P. No. 228 of 1946, which was merged in the revived E.P. No. 283 of 1943 in O.S. No. 173 of 1931 on the file of the District Munsif’s Court, Repalle, against the orders of both the lower Courts overruling his objections and directing the execution petition to proceed and his properties to be sold for realising the decree amount.

The facts were briefly these. B. Nagabushanam, the decree-holder, obtained a simple money decree on a promissory note for Rs. 600 dated 6th February, 130, against one B. Ramayya, the executant and his surety P. Sitaramaswami, in O.S. No. 173 of 1931 The decree amount was scaled down, and, after several E.Ps., with which we are not now concerned, E.P. No. 283 of 1943 was filed by the decree-holder on 17th September, 1943, for recovering more than a thousand rupees due under the scaled down decree with subsequent interest and costs. That E.P. was undoubtedly filed within time under section 48, Civil Procedure Code, as well as under Article 181 of the Indian Limitation Act. That E.P. shows Ramayya, the first defendant, as alive, and not as dead, though it