Shearer, J.

1. The question which has been referred to this Bench for decision has been stated by Sinha and Rai JJ. thus :

"Whether the word appeal in col. 3 of Clause (2) of Article 182, Limitation Act, includes an appeal preferred against an order refusing to set aside an ex parte preliminary decree in a suit for partition in computing the period of limitation for executing the final decree passed in such a suit."

Article 182, Limitation Act, prescribes the period of limitation

"for the execution of a decree or order of any civil Court not provided for by Article 183 or by Section. 48, Civil Procedure Code."

By reason of what is contained in col. 3 of the Article, the starting point for limitation varies, according as there has or has not been an appeal or a review of Judgment or an amendment of the decree. Article 182 substantially reproduces the provisions contained in the earlier Limitation Acts of 1871 and 1877. The principles underlying all these provisions were twofold. One principle, to borrow the language used by Sir Dinshah Mulla in Nagendra Nath Dey V/s. Suresh Chandra Dey, 59 I. A. 283 at p. 288 : (A. I. R. (19) 1932 P. C. 165) is

that so long as there is any q