Sir George Lowndes.-

The principal question in this appeal is whether an application for the execution of a decree is time-barred under the provisions of Art. 182 (2), Sch. 1, Lim. Act, 1908. The article allows a period of three years only for such an application from the date of the decree, “or where there has been an appeal, the date of the final decree or order of the appellate Court.” It is not disputed that if in the present case the period is to be reckoned from the date of the decree, the application was out of time, nor, per contra, if the respondents can take advantage of a certain order of the appellate Court, that it was within time. The suit out of which the appeal arises was launched as long ago as 1912. Some four years later it came up in appeal to this Board, but was sent back for trial in the Baluchistan Courts, where the proceedings dragged on for another 12 years.

On 17th November 1920, the decree of which execution is sought was passed in favour of the plaintiff, Ganesh Das Vig, by the Assistant Political Agent, Quetta. Against this decree both parties appealed to the Court of the Judicial Commissioner in Baluchistan. Two years or more were wasted in an abortive re