( 1 ) THESE are two judgment-debtors appeals arising out of execution proceedings.

( 2 ) RAM Samp Nanhumal and Madan Mohan Goverdhan Lal filed suit No. 389 of 1934 against behari Lal and Jugal Kishore for money due on a promissory note in the High Court at Rangoon, and the suit was decreed on Sept 14, 1934. A decree for Rs 21,247/- was drawn up by the rangoon High Court which granted a certificate on July 23, 1936 to the decree-holders to execute the decree. On October 21, 1936, the decree-holders moved an execution application (Execution Case No. 120 of 1936) before the Court at Kanpur seeking execution of the decree by attachment and sale of two properties, 47/65 Swadeshi Bazar and 48/121 Generalganj, both situate in Kanpur Shortly thereafter an order directing execution was passed upon that application, and on March 12, 1937 proceedings under Order 21, Rule 66 of the C. P. C. were commenced.

( 3 ) ON February 16, 1938 Ram Sarup Nanhumal, one of the decree-holders died and on account of disputes between rival claimants his legal representative was not brought on record until 1943. Meanwhile, on February 26, 1938 the execution application was struck off for want of prosecution. This order was later set aside on appeal and the executing Court was directed to proceed with the execution,

( 4 ) ON June 2, 1943 both the properties were put to auction. The Swadeshi Bazar property was purchased by the decree-holder Madan Mohan Goverdhan Lal for Rs 700/-, while the generalganj property was auctioned for Rs. 12,000/- to one Rameshwat. The judgment-debtors filed objections, upon which the executing Court by order dated August 14, 1944, set aside the auction sale of the Generalganj property but maintained that of the Swadeshi Bazar property.

( 5 ) AGGRIEVED by the rejection of their objection to the sale of the Swadeshi Bazat property, the judgment debtors preferred an appeal (F. A. . F. O. No. 290 of 1944) to this Court, and succeeded in obtaining an ex parte order on November 14, 1944 staying delivery of possession. The stay application was finally disposed of on November 20, 1944, when an order was passed by this court directing that delivery of possession would remain stayed subject to the Judgment-debtors depositing the decretal amount in monthly instalments of one thousand rupees each in the executing Court until the entire liability stood satisfied and further stipulating that upon default in payment of any instalment the stay order would stand discharged.

( 6 ) THE judgment-debtors duly deposited nine instalments, but defaulted in paying the instalment due on November 1, 1945. On December 3, 1945 the default was condoned by this Court, and upon the judgment-debtors defaulting again immediately thereafter there was a further order on december 18, 1945 condoning that default. It seems that the judgment-debtors were unable to deposit the very next instalment again, and, therefore, on March 22, 1946 the decree-holder applied to the executing Court for delivery of possession of the auctioned property. That Court passed an order on March 22, 1946 directing the decree-holder to be put into possession, and possession was accordingly delivered. The First Appeal from Or. No. 290 of 1944 which was pending meanwhile in this Court, was dismissed on July 23, 1947.

( 7 ) UPON application by the decree-holder on July 23, 1946, the executing Court directed execution to proceed against the Generalganj property. It appears from the record that a direction was issued by the Court in August 1946 for sale of the property and a sale proclamation was drawn up. Objections filed by the judgment-debtors were dismissed on August 23, 1947. Finally on April 20, 1948 this property was sold for Rs 17,400/ -.

( 8 ) ON May 25, 1948 the judgment-debtors filed an objection (Misc. No. 26 of 1948) which was rejected on December 6, 1958 giving rise to First Appeal From Order No. 34 of 1959 in this court On April 30, 1949 the judgment-debtors filed further o