Judgement

PATRA, J. :- This is an appeal against an order of the First Additional Subordinate Judge, Cuttack setting aside an order of the Munsif, Jaipur dismissing an application under S.47 of the C.P.C. (hereinafter referred to as the Code) filed by the judgment-debtors. The facts of the case may be set down in chronological order as follows:

4-5-1950 - Suit filed by the appellants for possession was dismissed by the Munsif.

11-12-1951 - Appellate Court set aside the judgment of the trial Court and decreed the suit with costs.

10-4-1954 - First Execution Case No.158 of 1954 filed by the decree holder for recovery of possession and costs.

27-11-1956 - Second Appeal filed by the judgment-debtor respondents dismissed by the High Court.

28-2-1958 - Second Execution Case No.72 of 1958 filed.

5-4-1958 - Execution Case (No.72/58) dismissed.

25-12-1960 - Judgment debtor No.7 on his behalf and on behalf of all judgment debtors is alleged to have paid Rs.5/- to the decree- holder towards the decree.

14-8-1962 - Third Execution Case No.195 of 1962 filed

27-9-1962 - Execution Case (No.195/62) dismissed.

18-12-1962 - The present Execution Case No.339 of 1962 filed by the decree holder