( 1 ) THIS appeal is filed by a decree-holder against an order dismissing his execution petition as barred under Section 48 C. P. C. having been filled beyond 12 years from the date of the decree.

( 2 ) THE main point for consideration in this appeal is whether the unregistered execution petition filed on 2-11-1963 is barred by the 12 years rule under Section 48 C. P. C. The decree under execution was passed on 11-4-1936 and hence the period of 12 years expires by 11-4-1948. But the execution of the decree was stayed for a certain period and it is common round that if the period during which execution is stayed I taken into account, the previous execution petition which was within time, is E. P. 4/51. The said execution petition was dismissed on 3-11-1960 for the default of the decree holder as he failed to pay the sale batta. The main point argued on behalf of the appellant-decree-holder is that the previous E. P. 4/51 was not finally disposed of but that its dismissal on 3-11-1960 was only for statistical purpose, that the unregistered execution petition in question should be regarded as one for continuation of the earlier E. P. 4/51, and that it is not a fresh ap