G. K. MISRA, J.

( 1 ) JUDGMENT-DEBTORS are the appellants. In T. M. Section 181 of 1949 in the Court of the Munsif, Berhampur, final mortgage decree was passed on 28-8-1954. The decree was transferred in favour of one Kalu Podhan by an assignment in writing. The transferee-decree-holder exe-cuted the decree in E. P. 89 of 1955. On his death his legal representatives were substituted. Some of the transferor decree- holders filed an objection in that execution proceeding against the genuineness and the validity of the transfer. Payment of consideration under the deed of transfer was challenged. It was also asserted that the original decree-holders were konds (aboriginals --hill tribes) and that deceased Kalu Podhan, who was looking after T. M. S. 181/1949, might have utilised some blank papers containing their signatures and thumb marks for the creation of the deed of transfer without their knowledge and consent. Despite this objection, the transferee-decree-holders allowed the execution proceeding to be dismissed for default on 17-8-1956 when the Executing Court passed the following order : "the lawyer for the D. Hr. IC files memo of no instructions. The decree holder's lawyer file