1. This appeal arises out of an application filed by the plaintiff decree-holder in O.S. No. 31 of 1919 on the file of the Court of the Subordinate Judge of Cuddalore for bringing on record one Ramaswami Chatty as the legal representative of the deceased defendant 4 and also for transmission of the decree to the Subordinate Court, Devakotah for execution under Section 39, Civil P.C. As required under Rule 138, Clause (1) of the Civil Rules of Practice, the application stated the particulars set out in Clause (a) to (i), Order 21, Rule 11, Civil P.C. and the circumstances relied on by the petitioner justifying the transmission of the decree; and notice of this application was sent under Rule 138 Clause (3) to the defendants. Defendant 1, the appellant before us, did not offer any objection to the legal representative being brought on record. He did not object to the transfer of the decree also, but he contended that the decree was not executable for various reasons and that these objections should be decided before the transfer was ordered. The learned Judge brought the legal representative on the record and ordered the transfer of the decree to the Devakottah Sub-Court as p