Judgement

Appeal (No. 19 of 1944) from an order of the High Court (August 19, 1942) affirming an order of the Subordinate Judge of Devakottai (July 10, 1940).

The following facts are taken from the judgment of the Judicial Committee. This appeal raised the question whether an application for execution, No. 72 of 1940, preferred on November 25, 1939, for execution of a decree dated November 3, 1934, was barred by the Indian Limitation Act, and that depended on the construction of art.182 of the Act. That article was in the following terms—

Description of Period

Time from which period Application.

of Limitation.

begins to run.

182. For the execution of a decree

Three years

1. 1. The date of the decree or order, or or order of any Civil Court not provided for by art. 183 or by s. 48 of

2. 2. (where there has been an appeal) the date of the Code of Civil Procedure, 1908.

the final decree or order of the Appellate Court, or the withdrawal of the appeal, or

3. (where there has been a review of judgment) the date of the decision passed on the review, or

4.....

5. (where the application next hereinafter mentioned has been made) the date of the final order passed on an application made in a