Leach, C.J.

1. The appellant, who is a minor, is the holder of a decree for mesne profits which was passed in favour of his adoptive father on 14th November 1923 in a suit for partition. By his next friend he presented various petitions for execution. The last petition was dismissed for default on 4th April 1941. On 18th April 1941 his next friend, who at that time was his natural father, his adoptive father being dead, applied for a review of the order of dismissal. The District Judge granted the application, not as one falling within Order 47, Rule 1, Civil P. C, but because he felt that the dismissal of the execution application would work great hardship, as it was too late to file a fresh one, and consequently it was, according to him, a case in which the Court should invoke the inherent powers recognized by Section 151. There were three judgment-debtors. Two of them filed C. M. A. No. 569 of 1942 and the third, C. M. A. No. 98 of 1943. These appeals were heard by Horwill J. who allowed them. The present appeals are from the judgment of Horwill J., under Clause 15 of the Letters Patent.

2. When the application for execution was called on 4th April 1941, neither the appell