1 In CRP. 1045/63, Mr. P. H. Sankaranarayana Iyer, learned counsel for the assignee decree holder, challenges that part of the order of the learned Subordinate Judge of Ernakulam, calling upon his client to pay stamp duty and penalty on the ground that the execution petition, namely E. P. No. 34/1963 filed by his client, is an 'instrument' as that expression is defined in S.2(j) of the Kerala Stamp Act, 1959 (Act 17 of 1959).

2 The appeal A. S. No. 366/64 is by the judgment debtor as against the overruling of his various objections by the learned Judge in the same order, part of which is under attack in C. R. P. 1046/63, already referred to.

3 It will be seen that the original decree holder, who is now no more, obtained a decree for arrears of maintenance as against her husband, the respondent in the revision petition in O. S. No. 30/1959 on the file of the Subordinate Judge's Court, Alleppey. That decree appears to have been transmitted for execution to the Subordinate Judge's Court at Ernakulam, The Original decree holder had filed E. P. No. 261/62 in the transferee court, namely the Subordinate Judge's Court, Ernakulam, on 25-2-1962,

4 The present execution petition viz., EP No. 34