L. NARASIMHA REDDY, J.

( 1 ) IN this Second Appeal, an important question of law falls for consideration. The defendant in O. S. No. 230/72 on the file of the Principal Subordinate Judge, visakhapatnam is the appellant.

( 2 ) THE respondent filed the suit for recovery of an amount of Rs. 9,996/- through a preliminary decree for redemption of mortgage. The suit was decreed on 31-7-1973. Four months time was granted for the appellant herein for payment of the amount failing which the property was to have been brought under sale. The appellant paid an amount of Rs. 3. 000/- after decree.

( 3 ) THE respondent filed LA. No. 939/76 under Section 152 C. P. C, for correction of the decree on the ground that the decree drawn by the trial Court was not in conformity with the prescribed form. The LA. was ordered on 21-4-1979. Thereafter, the respondent filed LA. No. 101/81 on 18-11-1980 for final decree proceedings. The Executing Court dismissed the LA. as time barred through its order dated 24-8-1983.

( 4 ) THE respondent filed A. S. No. 119/85 against the order in IA. No. 101/81 in the court of the III Additional District Judge, visakhapatnam. The lower appellate Court through its judgment d

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