Curgenven, J.

1. The appellants in the miscellaneous appeal, who are also the petitioners in the revision petition, applied to the Subordinate Judge, Ramnad, for restitution in the following circumstances. In O.S. No. 6 of 1911 on the file of the same Court they obtained a decree upon a promissory, note for a sum of Rs. 28,575, and as a result of adjustment between the parties the judgment-debtors paid into Court a sum of Ea. 17,618. Respondent 1 filed the suit O.S. No. 14 of 1921 in the Subordinate Judges Court of Sivaganga for a declaration that he was entitled to the amount of this decree, the appellants being only his representatives, and obtained a declaration to this effect and further that he was entitled to continue the execution proceedings of the said decree. An appeal (A.S. No. 135 of 1924) was preferred to this Court and this judgment was modified, the respondent being declared entitled only to a 5/17ths share in the promissory note and therefore in the decree. In connexion with this appeal application was made for an injunction restraining the respondent from executing the decree in O.S. No. 6 and drawing the money in deposit and an order was made that he might