A.K.Sarkar, J. - (1.) An application for execution of a money decree dated 30th January. 1953 by attachment and sale of the defendant's sixteen annas share in the divided portion of premises No. 30, Maharshi Debendra Road, Calcutta, has been moved before me by the heirs and legal representatives of the plaintiff-decree holder, one Benode Chatterjee since deceased. The application has been made on Tabular Statement affirmed by the said plaintiff-decree-holder on 27th January, 1965. It appears from endorsement in the Tabular Statement that direction was given by the learned master on the same date for issue of notice under Order XXI Rule 22 (1) (a) of the Code of Civil Procedure. The application was made within 12 years when the default in making the payment directed in the decree in respect of which execution, is sought took place i.e., 28th February 1953.
(2.) The Notice under Order XXI. Rule 22 (11 (a) was not issued and the plaintiff-decree-holder did not take any step. On April 22. 1965 pending the said execution the plaintiff decree-holder died leaving him surviving Sm. Basanti Chatterjee, widow and Parthe Chatterjee, son as Ms heirs and legal representatives. The said heirs and legal representatives in November 1965 made an ex parte application in this Court whereupon on 9th December. 1965 Order was made by Masud. J., recording the death of the plaintiff-decree-holder amending the register of the suit by substituting in the cause title thereof the names, address and descriptions of the applicants, for issue of usual Notice under Order XXI, Rule 22 (1) (a) and Notice under Order XXI, Rule 41 of the Code of Civil Procedure. The notice under Order XXI, Rule 41 of the Code was not issued nor did the applicants take any step under the said order.
(3.) A notice under Order XXI, Rule 22 (1) (a) of the Code of Civil Procedure dated 27th January, 1965 was issued by the Court on 22nd March, 1972 and was served on the defendant-judgment-debtor on 24th May, 1972.;