S. P. MOHAPATRA, J.

( 1 ) THE decree-holder is the appellant in this miscellaneous appeal arising out of proceedings under section 47, C. P. C. against the reversing judgment of the lower appellate Court accepting the objection raised by the judgment-debtors. The decree, under execution, is one for maintenance and was passed on 5th December 1956. Execution case was started in the year 1955 for arrears of maintenance of past three years prior to the institution of the execution petition. The judgment-debtors filed a petition under Section 47, C. P. C. which was numbered as Misc. Case No. 100 of 1956 wherein the judgment-debtors took the objection that the decree was barred by limitation and further execution could not proceed as the decree had been fully satisfied. This petition under Section 47 was dismissed for default on 16th July 1956 in the presence of the decree-holder. Thereafter the judgment-debtors filed a petition for restoration of Misc. Case No. 100/1956. It was ordered by the executing court that the original miscellaneous case was to be restored on payment of costs by the judgment-debtors and the costs not having been paid the petition for restoration also was rejecte