C.S.P. SINGH, J. :- This revision has come up before us on a reference made by a learned single Judge. The facts relating to the revision are these. Ratan Lal sold certain Bhumidhari plots of land to Shri Ram, and Shri Ram subsequently executed an agreement to recovery the property within a period of two years. Shri Ram did not recovery the property and as a result, Ratan Lal filed a suit for specific performance, which was decreed Ratan Lal then transferred his right to one Dhani Ram, and Dhani Ram made an application under Order XXI, Rule 16 of the Code of Civil Procedure on 19-12-1963 for execution of the decree as an assignee of the decree-holder. In spite of transferring his rights to Dhani Ram, Ratan Lal also moved an application for execution of the decree. The execution proceedings ended in a compromise on 26-5-1964 and Ratan Lal received an amount of Rs. 7,000 and the decree was struck off. Shri Ram, the first vendeo from Ratan Lal objected to the maintainability of the application filed by Dhani Ram. The objections filed by Shri Ram were upheld and the execution application of Dhani Ram was dismissed on 9-10-1964. Dhttnl Esm preferred an appeal against this order