QAMAR HASAN, J. : -

This is an appeal in execution on behalf of the judgment-debtor, since deceased and now represented by Narpath Singh, and it is directed against the order dated 21-3-1951 of Siadat Ali Khan J. on the Original Side of the erstwhile High Court of Judicature at Hyderabad holding the application preferred by the decree-bolder Raja Pratapgir, the respondent herein, on 26-9-1950 was not barred by limitation since it was not a fresh application for execution but an application to revive the proceeding, which was consigned to the record room on 29th Meher 1348F.

2. The facts lie in a short compass and may be briefly stated. Raja Pratabgir obtained a decree on 23rd Azur 1341 F. for Rs. 1,10,726/- on the basis of an award. The decree to the extent of Rs. 80,000/-was transferred to the Sadar Adalut, Medak for execution and for the balance was put in execution in the Court, which passed the decree. The proceeding in the latter Court came up before Khaleluzzaman J. on 29th Meher 1348 F, on that date the following order was passed.

"I have appeared as a vakeel in the present case and therefore cannot hear it; but since the applicant desires to have the proceeding recor