H. L. AGRAWAL, C. J.

( 1 ) IN this appeal against the judgement of a learned single Judge arising out of an execution proceeding, the question for consideration is as to whether the executing court can construe the decree.

( 2 ) A joint and several decree was passed in favour of respondent 1 by the trial court for Rs. 50,401. 77 against the appellant and respondent 2, a limited company of which the appellant was the Managing Director, in Oct. , 1974.

( 3 ) WHEN the decree was put to execution and the decree-holder proceeded against the personal properties of the appellant-Managing Director, he filed an objection u/s. 47 of the Civil P. C. challenging his liability in his personal capacity. The executing court upheld the objection, but on appeal by the decree-holder, a learned single Judge of this Court, rejected the objection of the appellant.

( 4 ) THE relevant facts may now be briefly stated. The appellant as the Managing Director of the Judgement-debtor-company (defendant 1) placed orders with the decree-holder for supply of some building materials. Payments were made from time to time, but ultimately a sum of Rs. 1,56,000/- is said to remain due to the plaintiff from the de