ANANTANARAYANAN, J. :- The appeal is upon a very short point. The executing decree-holder in O. S. No. 53 of 1947 is the appellant and he filed E. A. No. 194 of 1960 in a pending execution petition, for the relief of attaching certain money due from a debtor of the judgment debtor, on the averment that the existence of this claim came to the knowledge of the executing decree-holder only recently. The learned subordinate Judge dismissed the execution application, both on the ground that it was presented a little beyond the time prescribed by return, which is admittedly technical, and on the ground that the relief sought for was virtually an introduction of a fresh execution petition, which could not be permitted. The second ground alone concerns us now, since the first ground is purely formal and technical in nature.

2. With regard to the second ground, learned-counsel for respondent (judgment debtor) relies upon a judgment of a Bench of this Court in Venkataling Nayanim v. Venkata Narasimha Rayanim 1946-2 Mad LJ 383 : (AIR 1947 Mad 216). But that is clearly distinguishable upon the facts, for it was held in that case, that, though the former execution proceeding had not bee