DAS, J.

( 1 ) THIS is a judgment-debtor's appeal, arising out of an execution proceeding, against the judgment of the learned District Judge, Berhampur, allowing the decree-holder to proceed against the immovable properties belonging to the appellant as mentioned in E. P. No. 126 of 1952. Respondent 1 obtained the decree in question against the appellant and his son, respondent 2, on 16-4-37 in o. S. No. 330 of 1936, on the file of the Munsif, Berharapur. After a number of infructuous applications to execute the decree, respondent 1 filed E. P. No. 128 of 1949, on 14-4-49 in which there were more prayers than one, viz. , the arrest of the appellant; attachment of the immovable properties, and the sale of moveable and immovables belonging to the appellant. On 8-7-50, the learned District Munsif of Berhampur passed the following order: "the judgment-debtor is committed to civil prison. E. P. closed. " the appellant, however, preferred an appeal against the said order of committal to civil prison, and the order was set aside on 30-9-50 f learned District Judge of berhampur. Previous to this, there were certain claim cases in respect of the judgment-debtor's properties which were the