G. P. SINGH, C. J.

( 1 ) THE learned single Judges before whom this miscellaneous appeal came for hearing has referred the following question to the Division Bench:-"if an order is passed by an executing court after 1-2-1977 disposing of an application under Order 21, Rule 97, C. P. C. which was pending on that date, whether the order passed by the executing Court is appealable under the provisions of the amended Code of Civil Procedure or the aggrieved party has to file a suit under the provisions of the Code as it stood prior to its amendment?"

( 2 ) THE material facts are that a decree for eviction was passed on 10th Jan. 1971 in favour of the appellant. In execution of that decree there was resistance by respondent No. 1, Mangal. The appellant decree-holder filed an application on 6th March 1975 under Order 21, Rule 97, Code of Civil Procedure, complaining of resistance by respondent No. 1. This application was allowed by the executing Court On 28th April 1977 holding that respondent No. 1 was not entitled to resist delivery of possession in execution of the decree. Respondent No. 1 preferred an appeal against this order which was allowed by the First Additional District Judge,

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