Judgement

P. V. B. RAO, J. :- The judgment-debtors in an execution proceeding filed this appeal against the order of the learned Subordinate Judge of Sambalpur dismissing their objections to the execution of the decree.

2. The order appealed against was passed in two miscellaneous cases arising out of the execution of a decree obtained, by the decree-holder. The General Merchant Limited of Bombay, against a firm Jayanarayan Trilokchand of Sambalpur in summary suit No. 180 of 1948 of the Bombay City Civil Court. The decree was transferred for execution to the Court of the Subordinate Judge of Sambalpur. Execution was levied against the movable property of the firm Jayanarayan Trilokchand.

Notice on the execution application was issued against the firm represented by Madanlal Lath. Madanlal Lath was the son of Trilokchand. Madanlal filed an application under S. 47, Civil P.C. in Misc. Case No. 33 of 1953 alleging that Jayanarayan Trilokchand was the name of the firm run by his father who died about ten years prior thereto and that after his death, the business was wound up; that he, the applicant, was neither the proprietor, nor a member of the above said firm and was running a new busi