R. N. GURTU, J.

( 1 ) THIS execution second appeal arises in the following circumstances: firm Jai Narain Hanuman Das had obtained a decree against firm Hira Lal Bajpai and others on 22-5-1942 in suit No. 147 of 1940 from the court of the Munsif, Kanpur. On 23-11-1942, the decree-holder firm filed an execution application seeking execution of the decree passed in its favour against some money which had been deposited by (sic. in favour of) the judgment-debtor, firm Hira Lal Bajpai and others, in the court of the insolvency Judge, Bara Banki. It appears that firm Hira Lal Bajpai and others, the judgment-debtor, was itself a creditor of Devi dayal and others. The amount payable by Devi Dayal and others to firm Hira Lal Bajpai and others being outstanding, firm Hira Lal: Bajpai and others made an application, numbered as insolvency Case No. 31 of 1939, against Devs Dayal and others in the court of the Insolvency judge, Bara Banki presumably to have them declared insolvents. During the pendency of that insolvency application, Devi Dayal and others had deposited Rs. 15,000/- on 21-4-1942 in the insolvency court in order that the claim of Hira Lal Bajpai and others against them might be