JUDGMENT :

S.C. Mohapatra, J. - judgment debtor No. 1 is Petitioner in this Civil Revision which arises out of an execution proceeding of a final decree in a suit for partition.

2. Final decree was made on 2-5-1967 which was drawn and signed on 30th March, 1978. Opposite Party No. 1 decree holder filed execution case No. 15 of 1978 on 11-7-1978. Notice was sent to the judgment debtors which return unserved on judgment-debtor Nos. 2, 4 and 5, judgment debtor No. 1 Petitioner entered appearance and prayed for time to file objection which was allowed. Executing Court directed decree-holder to take steps for fresh notice against judgment-debtor Nos. 2, 4 and 5, On 8.12-1978. decree-holder applied to expunge names of judgment-debtor Nos. 2 and 4 as they were dead. Before disposal of such petition, notice was directed to be issued against judgment debtor Nos. 3 and 5 only. As no step was taken against judgment debtor Nos. 3 and 5, execution case was dismissed for non-prosecution when decree-holder was found absent judgment-debtor No. l had not filed objection by that time. Decree-holder filed another application for execution registered as Execution Case No. 40 of 1979 which was dismissed