Judgement

Appeal (No. 84 of 1928) from a decree of the High Court (February 16, 1926) reversing an order of the Subordinate Judge of Hooghly (August 4, 1924).

The sole question for determination was whether, as held by the High Court (Suhrawardy and Graham JJ.), an application for the execution of a decree was barred by the Indian Limitation Act, 1908, Sch. I., art. 182.

The facts, and the terms of the above article, appear from the judgment of the Judicial Committee.

The appeal was argued in April, 1931, but was ordered to be re-argued.

1932. Feb. 25, 26. De Gruyther K.C. and Jinnah for the appellants.

Narasimham and Subba Row for respondents Nos. 1 to 4.

[Reference was made to authorities reviewed in the judgment of Graham J. in Dewan Abdul Alim v. Abdul Hakam (( 1926) I. L. R. 53 C. 901.); also (for the respondents) to Kotaghiri Venkata Subbama Rao v. Vellanki Venkatarama Rao (( 1900) L. R. 27 I. A. 197.) and to Order xxxiv., rr. 4 and 5.]

April 21. The judgment of their Lordships was delivered by

SIR DINSHAH MULLA. This appeal raises a question as to the construction of art. 182 of Sch. I. of the Indian Limitation Act, 1908.

In a suit brought many years ago for partition of cer