JUDGMENT :

D.P. Mohapatra, J. - In this revision petition filed by one of the judgment-debtors, challenge is raised to the order dated 12-7-1988 of the Executing Court rejecting the Petitioner's application u/s 47, Code of Civil Procedure.

2. The opp. party No 1 filed Money Suit No. 51 of 1968 in the Court of the Munsif, Kendrapara against the Petitioner and the opp. party No. 2 for realisation of Rs. 2078.55. The suit was decreed against the Defendants by judgment dated 19-10 1970 and the decree dated 3-8-1973. The opp. party No. 1 filed Execution Case No. 13 of 1975 in the 'Court of the Munsif, Kendrapara against the judgment-debtors (Petitioner and opp. party No. 2), for realisation of the decretal amount. In the execution petition the decree holder mentioned certain immovable properties (A. 3.16 decimals) belonging to the judgment-debtors jointly. When the said property under attachment was about to be sold the opp party No. 2 filed an application on 11-8-1977 u/s 13 of the Orissa Money Lenders Act seeking permission of the Executing Court to pay the decretal dues by instalments (Misc. Case No. 152 of 1977). The application was allowed by order dated 8-9-1977 and the opp.party No