Madhavan Nair, J. - (1.) THIS is an appeal from the judgment and order of the High Court of Judicature at Patna dated April 20, 1942, which set aside an order passed by the Subordinate Judge, First Court, Patna, dated November 29, 1941, dismissing a petition of the respondents under Section 47 of the Code of Civil Procedure.
(2.) THE appeal arises in an execution proceeding of the money decree passed by the Subordinate Judge, First Court, Patna, in money suit No.5 of 1939, dated August 22, 1940. The appellant before the Board is the decree-holder (plaintiff) the Bihar Bank, Limited. The respondents are defendants Nos. 1 and 2 in the suit. The order passed by the Subordinate Judge in the suit was as follows: Suit decreed against defendant No.3 in the presence of defendants 4 to 6. . . . The suit is dismissed as against defendants Nos. 1 and 2 with costs. . . .
(3.) IN the execution of the decree which was for Rs. 15,718-7-0 with interest and costs, one-third share in certain joint family property called the Khadga Vilas Press held to belong to the third defendant was brought to sale. The respondents objected to the attachment and sale on the ground that the property was joint family property.;