The Calcutta Law Journal. May 1 & 16 1913

The rule applies even in the case of an ex parte order passed on an application for e4cution provided that the opposite party had been given an opportunity to appear and the adjudication acquires the character of a judicial order (9) the reason of the rule being that when a judgment-debtor has in a proceeding for execution submitted to the process of the Court without taking an objection which [...] An order passed in an execution proceeding without notice to the judgment-debtor (13) or where the judgmendebtor was no party to the execution (14) or where the judgment-debtor had no opportunity at all to raise any objection to the previous execution proceedings and the point subsequently taken had not been adjudicated (to) or where the order directs the sale of the interests of certain defend [...] Where the notice to the judgment-debtor did not make ment4on of any claim for interest set up in the application for execution which was not allowed in the decree their Lordship of the Madras High Court held that all order passed on the application did not operate as les jua'icata (16) for knowledge of the nature of the claim in an execution case can only be presumed when the application is for [...] But when an execution petition is registered and attachment is issued.on proper no:ice to the judgment-debtor it is no longer open to the judgment-debtor to question the legality or validity of the proceedings on the ground that the execution is barred by time (19). [...] In a later case however it was pointedly held by them that where the judgment-debtor on the day of heating failed to support his objections and the objections were accordingly dismissed it was not open to the judgment-debtor to subsequently plead limitation in the matter of that application for execution although the same was ultimately struck oft for non-payment of process fees (22).