PATRA, J.

( 1 ) THIS is an appeal from an order of the Hon'ble Company Judge rejecting an application made by the petitioners praying that Ex Case No 1/65 should not proceed against them. The Official Liquids for Pun Bank Ltd which is under liquidation obtained a decree against one Krishna Chandra Das and started execution proceedings against him praying therein that the properties covered by items Nos. 1 to 13 of the schedule appended to the application be attached and sold for satisfaction of the decree. During the pendency of the proceeding Krishna died on 12-10-60, leaving behind him the petitioners as his heirs. The petitioners nos. 1 and 2 are his sons. Petitioner No. 3 Bimala Dei is his widow and petitioner no. 4 Mukta Dei is his mother. The four petitioners were substituted as legal representatives in the Execution Case and notices under Order 21, Rule 22 C. P. C. were served on them on 21-6-61. They, however did not appeal in Court to file any objection. On 28-8-61 order was passed for issue of a writ of attachment of the properties and attachment was actually effected on 10-9-61. On 19-1-62 an application was filed in Court purporting to be on behalf of the petitioners b