Reuben, J.

1. This is a reference in an appeal from an original order of the Subordinate Judge, First Court, Chapra, dismissing an execution petition on the ground of limitation. The question referred to the Full Bench is:

"Whether, where a decree has been transferred for execution to another Court and the latter Court has not sent a certificate under Sec. 41, Civil P. C., an application for execution made to the former Court 15 an application to the Proper Court within the meaning of Article 182 (5) of the Limitation Act?"

The decree sought to be executed is a money decree for Rs. 5000 with future interest passed by the Additional Civil Judge, Banaras, on the 13th of August 1934. The decree was transferred for execution to the Subordinate Judge, first Court, Chapra. I give below the relevant dates after this order of transfer:

"2-9-36. An application for execution of the decree was filed be lore the Subordinate Judge, First Court, Chapra.

15-4-40. The execution case was dismissed as infructuous.

22-3-41. The decree-holders again applied for execution before the Subordinate Judge, First Court, Chapra.

26-8-41. The execution case was dismissed as infructuous.

23-3-41. The de