Judgement

Appeal (No. 126 of 1930) from a decree of the High Court (July 10, 1929) affirming an order of the Subordinate Judge of Monghyr.

The question arising upon the appeal was whether an application by the present appellants on July 13, 1927, to execute a decree dated April 1, 1914, was barred by limitation. The respondent against whom it was sought to execute the decree was a surety for payment of the rent for which the decree was recovered ; he assented to the decree, which was a compromise of the claim in the suit. The facts of

Law Rep. 60 Ind. App. 43 ( 1932- 1933) Raja Kirtyanand Singh V. Raja Prithi C hand Lal C haudhury 207

the case and the material enactments appear from the judgment of the Judicial Committee.

The High Court (Kulwant Sahay and Macpherson JJ.) held, affirming the order appealed from, that the application was barred under s. 48 of the Code of Civil Procedure, 1908.

1932. Nov. 21, 22. Sir Dawson Millar K.C. and Hyam for the appellants.

Dunne K.C. and Wallach for the respondent.

The argument for the appellants is stated in the judgment; the respondents counsel were not called upon.

Nov. 22. The judgment of their Lordships was delivered by

LORD TOMLIN. This