Jackson, J.

1. Appeal against the order of the Subordinate Judge of Bapatla in A. S. No. 62 of 1923. The appellants are defendants and judgment-debtors in O. S. No. 922 of 1907, District Munsifs Court, Ongole. The respondents filed E. P. No. 789 of 1920 on 4th October 1920, praying that certain property attached before judgment might be sold. Some doubt was expressed whether there had been an attachment before judgment, and it seems that the District Munsif suggested that other property of the defendants should be attached and sold. Accordingly respondents filed E. A. No. 163 on 20th March 1923, praying that the, property said to be under attachment might be attached, and also other property already scheduled in a compromise between the parties.

2. The District Munsif held E. A. No. 163 of 1923 to be a petition to amend E. P. No. 189 of 1920; otherwise it would be time-barred under Section 48, Civil P. C. The judgment-debtors appealed, and the learned Subordinate Judge has held that the application may be amended following Varadiah , v. Raja Kumara Venkata Perumal [1913] 26 M. L. J. 83 This amounts to holding that if a decreeholder files an execution application against certa