KAUL, J. :- This second appeal originally came up for hearing before a Division Bench consisting of Wanchoo, and Bhargava, JJ., For reasons to be stated presently they referred it to a Full Bench.

2. The facts so far as they are material are as follows :

In a suit brought by one Mt. Asghari Begum against Abdul Hamid and others some property belonging to the defendants was attached before judgment under O.38, R.6, Civil P.C. The claim was ultimately "decreed and Asghari Begum put in an application for execution of her decree. She prayed that the property attached before judgment be sold for satisfaction of her debt. This application was dismissed for default. Thereupon Asghari Begum put in another application for execution which was also dismissed in 1935. The last application for execution was made by her on the 30th April 1938 and therein the prayer for sale of the property attached before judgment was repeated. In due course the decree was transferred for execution to the Collector under S.68, Civil P.C. At this stage the judgment-debtors preferred an objection to the execution of the decree under S.47, Civil P.C. It was contended on their behalf that, inasmuch as, the two