Walsh, J.

1. The petitioner here was a joint decree-holder in a certain suit. The respondent here was the judgment-debtor in that suit. Against an order passed in execution on 21st October 1932 the judgment-debtor filed an appeal (A.S. No. 191) of 1932 within time. In that appeal he omitted the name of Laguduva S. Krishnaswami Ayyar, the present petitioner, and on 1st November 1933, in the cause of the appeal, he put in two Interlocutory Applications (I.A. Nos. 425 and 426 of 1933). The first application asked for a relief to add the petitioner as a respondent. The second asked for permission under Section 5, Limitation Act, to excuse the delay in preferring the appeal against him, which was out of time. The lower Court, granted both the petitions. There is no revision-petition against the order on I.A. No. 426 extending the period of limitation and that order has become-final. The present petition is against the order on I.A. No. 425 of 1933 giving, permission to add the petitioner as a. respondent.

2. The basis of the objection to the order is that under Order 41, Rule 20, since the appeal had abated against this petitioner, he was not a party "interested in the result of the