Judgement

Appeal (No. 21 of 1928) from a decree of the Chief Court of Oudh (October 4, 1926) affirming an order of the Subordinate Judge of Sitapur.

On February 14, 1925, the respondent applied to the Court of the Subordinate Judge for leave to execute a decree of that Court dated December 4, 1916. The question upon the present appeal was whether the application was barred by limitation.

The decree was in the terms of a compromise made in a suit brought by the respondent against the appellant upon two mortgages. The material terms of the decree appear from the present judgment. Shortly stated it provided for payments by instalments, and that if at any time there was a shortage of Rs. 60,000 in payment of the instalments, then the decree could be executed for the whole amount remaining due. On March 14, 1917, the respondents certified to the Court under Order xxi., r. 2 (1.), a payment of Rs. 40,000. On December 8, 1924, they filed a document described therein as an application under the above rule ; it certified payments amounting to over 8 lachs at various dates ; these payments included payments at dates between November 14, 1916, and October 26, 1923. If these payments, or such