ORDER

Rachhpal Singh, J. - This is a revision application by decree-holders arising out of a case in execution proceedings. The facts of the case can very briefly be stated as follows: Murari Lal and Ram Prasad obtained a decree against Akbar Husain and others. I am informed that Akbar Husain and others were cosharers in a certain village and that they have jointly sold their share and that under the terms of the sale deed it has been agreed that if the purchasers lost possession over the property the vendors would be liable in damages under the usual indemnity clause. The property or a portion thereof was lost and therefore Murari Lal and Ram Prasad instituted a suit and obtained a decree for damages against all the respondents. Now, it so happened that Akbar Husain, one of the judgment-debtors, made an application u/s 4, Encumbered Estates Act. He showed in his application the debt which was due to the two decree-holders. Somehow or other the other respondents were not made parties to the Encumbered Estates Act proceedings. Section 9, Sub-section (5), ordains that

if one or more of several joint debtors who are not members of the same joint Hindu family apply u/s 4 but all the join