JUDGMENT - R.M. LODHA, J. :---The order dated 17-10-1992 passed by the Civil Judge, Junior Division, Babhulgaon, is the subject-matter of challenge in this revision application filed under section 115 of the Code of Civil Procedure, 1908 (for short the C.P.C.).

2. The important question involved in the present revision application is whether an application filed by the applicant under section 54 of the C.P.C. on 15-2-1992 for sending the precept to the Collector having jurisdiction over the subject-matter for partition of agricultural land i.e. estate assessed to land revenue to Government, pursuant to the decree passed on 9-1-1947, was an application for execution of the decree, and therefore, barred by limitation under Article 182 of the Limitation Act, 1908 or under any article of Limitation Act, 1963 or under section 48 of the C.P.C., as was existing prior to 1-1-1964.

3. The facts are undisputed and the said facts are that the present applicant filed a suit for partition and separate possession against Bhulai Ramdin Pardeshi - the predecessor-in-title of non-applicant Nos. 1 to 15, relating to agricultural lands situated at Mouza Muradabad and Fatepur, tahsil and district Yavatmal. The said suit was registered as Regular Civil Suit No. 30-A of 1946 and a preliminary decree was passed on 9-1-1947. The preliminary decree passed in favour of the applicant reads as under

"The suit coming on for hearing this 9th day of January 1947, it is hereby declared that the parties to the suit are entitled to separate possession of the property mentioned in the Schedule hereto annexed in accordance with the shares specified below :

Plaintiff -- Half share; She will take only limited interest in the half share.

Defendant -- Half share.

2. And it is further ordered and decreed that - A Commissioner will be appointed to partition the house and the moveables on application by the plaintiff, and on deposit of fees for payment to the Commissioner.

3. That, if the said Commissioner finds that partition cannot be made equal between the parties according to their respective rights without prejudice to the rights and interests of some of them he shall report the amount of compensation to be made by the parties for equality of partition.

4. All parties to this suit shall produce before or give inspection to the Commissioner of all the property to be partitioned by him and all documents relating thereto, as are in their possession or power.

5. That, of the property mentioned in the schedule the Commissioner shall not partition the following property :---

Fields as described in Schedule A annexed with the decree.

For the partition of this revenue paying estate a precept will be sent to the Collector to partition as per shares given above on an application by the plaintiff and on payment of costs necessary for the purposes.

5(a). The Commissioner, who will be appointed hereafter for the partition of house and moveable property as enumerated in Schedule B shall put the parties in their respective share as given above. He shall value the property which is not produced before him for partition. He will saddle the defendant with the liability for plaintiffs half share in the property not accounted for by him. He shall take account of the profits of the immoveable i.e. the fields, for the years 1945-46 and 1946-47, and submit a report about it to this Court. He will also determine the amount which would come to the plaintiffs share for the above 2 years.

6. That, the partition shall be effected and report thereof made to this Court on or before the date fixed by this Court hereafter.

7. The plaintiff will get costs of Rs. 10/- as half the Court-fee on plaint, from the defendant. Plaintiff will bear the rest of the costs herself. Defendant will bear his own costs. An order about the costs incurred after the date of this judgment will be passed at the time of making the decree final."

Schedule A of the preliminary decree reads as under :---

" Schedule A (Immovable property

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