JUDGMENT

Mukerji, J. - This appeal must be allowed. The facts briefly are these: A decree for sale was made so far back as in 1917. The application for execution out of which the present appeal has arisen was made on 18th October, 1926. The application that was made just before the present application was made on 2nd August 1923. 24th October 1923 was fixed for sale in execution of the previous application. On 4th October 1923, the decree-holder made an application to the Court stating that ha had given the judgment-debtor six months' time to pay up, that his application might be, for the moment, struck off as infructuous, and that the judgment-debtor might be saddled with the costs of the execution. On this application being made before the Court, it passed an order to the effect that unless and until the judgment-debtor's signature was obtained on the application, the Court would direct the decree-holder to pay his own costs of the execution, The Court fixed 9th October 1923, for the appearance of the judgment-debtor. The judgment-debtor did not appear on that date to signify his agreement to the grant of time, and thereupon on the same date (9th October 1923) the Court passed the