S. K. RAY, J.

( 1 ) THE two aforesaid appeals are by two sets of judgment-debtors in an execution proceeding and are from the same order dated 18-3-1974 passed in misc. Case No. 213 of 1972 in Execution Case No. 193 of 1971 by which their application under Section 47, Civil Procedure Code was rejected. Judgment-debtors 1 to 19 who are the legal representatives of defendant No. 2, and defendant No. 3, who is judgment-debtor No. 20, in the said execution proceeding are the appellants in M. A, No. 68 of 1974 Judgment-debtors Nos. 21 to 27 who are the legal representatives of defendant No. 1 in the same execution proceeding are the appellants in M. A. 70 of 1974.

( 2 ) TO understand the nature of the objections raised by the judgment-debtors in the execution proceeding, it is necessary to narrate some background facts the plaintiff-decree-holder filed Title Suit No. 42 of 1957 for specific performance of contract. Late Nikunja Kishore Das the original owner of the property was im- pleaded as defendant No. 1 and his transferees Gulab Ray and madumal were impleaded as defendants 2 and 3. This suit was decreed on 306-1961 with costs assessed at Rs. 3,589. 87 p. The defendants 2 and 3 ca