(1.) This is an appeal from the judgment and order of the High Court of Judicature at Patna dated 20-4-1942 which set aside an order passed by the Subordinate Judge, First Court, Patna, dated 29-11-1941 dismissing a petition of the respondents under S. 47, Civil PC.
(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 22-8-1940.
(3.) The appellant before the Board is the decree-holder (plaintiff) the Bihar Bank Limited. The respondents are defendants 1 and 2 in the suit.