RANDHIR SINGH, J. :- This is an execution first appeal against the judgment and decree of the Civil Judge, Bahraich, dated 19th November, 1946.

2. It appears that a decree for costs and some money was obtained by respondents 1 to 4 against the respondent No. 5 on the 30th March, 1935. The decree-holders put their decree into execution on the 30th March, 1938. Some proceedings were taken but ultimately the execution application was ordered to be consigned to record room on the 15th October, 1938. A fresh application for execution was made on 1st May, 1941 and a prayer for realisation of the decretal amount by attachment and sale of a house of respondent No. 5 was made. During the pendency of this execution, an application was made on the 27th August, 1941 in which a prayer was made that the house Sultan Manzil of the judgment-debtor be attached under Order 39, Rule 1, Civil P.C. Reference was also made to Section 151 and O. 21, Rule 51 (54 ?), Civil P.C. in the heading given to the application dated 27th August, 1941. The Court passed an order in the following words:

"Issue a temporary injunction as prayed".

The injunction was then issued and it was served by a proclamation m