JUDGMENT - G.N. VAIDYA, J.:---The above first appeal is filed by the judgment-debtor, challenging the order, passed by the IInd Joint Civil Judge, Senior Division, Poona, to execute, by issuing the warrant under Order 21, Rule 46, upon Darkhast No. 74 of 1966, filed on April 28, 1966, for executing a money decree, passed in Special Civil Suit No. 154 of 1953, dated October 24, 1953.

2. The learned Civil Judge thought that the period of seven years between 1954 and 1961, during which an Insolvency Petition No. 10 of 1954 was filed by some other creditor of the judgment debtor giving a list of creditors including the present decree-holder was pending was liable to be excluded for computing the period of limitation, under section 14(2) of the Limitation Act, 1963, which reads as under :---

"14(2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which, from defect of jurisdiction or other caus

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