Execution of a decree is not barred by limitation if a part of the decree is not executable till the ascertainment of certain amounts.

( 1 ) THE subject matter of all these appeals is a final decree which was put in execution by respondent 1, the decree-holder.

( 2 ) THE circumstances culminating in these appeals may be briefly stated. The first respondent laid an action for partition and separate possession of his properties in O. S. No. 51 of 1939 on the file of the Subordinate Judges Court, Amalapuram. A preliminary decree was passed on 26-2-1941. Appeals were preferred to the High Court of Madras in A. S. Nos. 118 and 248 of 1941 against this preliminary decree which ultimately ended in a compromise and a preliminary decree dated 8-4-1943 was passed in terms of the memorandum of compromise filed by the parties. Pursuant to this com-promise, the plaintiff filed a petition for the appointment of a commissioner to divide the out standings due to the family as per the schedule attached to the com-promise decree and the Court appointed a Commissioner, who submitted a report dividing the out standings. After hearing the objections of the parties, a final decree was passed by the trial Court on 13-8-1947. Among the several directions was the one embodied in Clause 3 of the final decree enabling the plaintiff to recover Rupees 22,821-4-3 being his half share of the outstandings as per schedules V and VI attached to the written statement, with interest at six per cent per annum from 1-4-1943 till date of payment. It is unnecessary for us to refer to the other terms of the decree, as nothing turns upon them.

( 3 ) THE aggrieved defendants preferred an appeal against this decree. The High Court made changes in regard to several terms of the decree by its judgment and decree dated 29-11-51 in A. S. No. 715 of 1947. The only modification that has a significance in this enquiry is that contained in Clause 5 of the High Courts decree, which is in these words:"that Clause 3 of the decree of the lower Court be and hereby is deleted and that in respect of the following two Hems of expenses, namely, (1) Courts costs, fees 8 voluntary (sic) amounting to a sum of Rs. 4,872-11-6 and (2) Fees for petitions Rs. 400. 00 the Subordinate Judge, Amalapuram, do enquire and ascertain what is properly debitable for expenses for collection of the outstandings and also having regard to what is contained in para 4 supra, he shall ascertain the correct amount due to the plaintiff from the defendant for the plaintiffs half share of the outstandings collected and calculate interest at six per cent per annum on the amounts so payable by the defendants to the plaintiff continuously from 1-4-1943 till date of payment in accordance with the observations and directions contained in the judgment herein and frame Clause 3 in accordance with his finding and incorporate the same as Clause 3 of the decree of the lower Court. "

( 4 ) IT is with the scope and ambit of this clause that we are here concerned. This clause makes it abundantly clear that the High Court while setting aside part of the final decree of the trial Court, has directed it to enquire afresh into the items enumerated therein and determine the amounts due to the plaintiff after affording opportunity to the parties to adduce evidence, in the light of the observations contained in its judgment,

( 5 ) IN consonance with this direction, the plaintiff filed I. A. No. 877 of 1952 for the passing of an amended final decree after holding an enquiry into the matter as directed by the High Court. After an elaborate enquiry, the Subordinate Judge parsed a modified final decree on 21-1-1958, That decree is in these words:"that the plaintiff do recover from the defendants a sum of Rs. 19,835-3-8 (rupees twenty-thousand eight ninety one annas seven and pies eight as admitted by the defendant in ground No. 3 of the appeal grounds in A. S. No. 715 of 1947 on the file of the High Court, Madras, minus Rs. 10564-0 being the half share debitable in respect of expenses of collection of outstandings as per the consent memo dated 9-1-1958, filed