JUDGMENT - Gajendragadkar, J.

1. This is an execution appeal which raises a short question of limitation under Section 78(2) of the Provincial Insolvency Act. On 15-7-1927, an aware decree was passed in favour of the appellant for Rs. 1,800. The decretal amount was made payable by annual instalments and it was provided that, if there was a default in the payment of three instalments, the whole of the decretal amount could be recovered. Several darkhasts were filed by the decree-holder to recover the decretal amount. The last one of these was No. 815 of 1937; it had been filed on 10-7-1937, and it was finally dispose of on 17-10-1938.

On 22-1-1941, the decree-holder himself filed an application in insolvency against the judgment-debtor, which was Application No. 1 of 1941. Pending this application, he filed a darkhast No. 124f of 1942 to execute his award, decree. This darkhast was filed on 17-11-1942. Meanwhile, the insolvency proceedings continued and the judgment-debtor was adjudged an insolvent on 24-1-1949. An appeal was preferred by the judgment-debtor against this order and he succeeded before the appellate Court. On 18-10-1949, the appeal was allowed and the application of the

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