Imam, J.

1. The only question for determination in this appeal is as to whether the application for execution of the decree in partition suit No. 36 of 1945 D/- 29-1-1047 was barred by time. Against the decree in the aforesaid partition suit an appeal had been filed to this court which was admitted and registered as First Appeal No. 162 of 1947. On 20-10-1948 a Bench of this court gave to the appellants in first Appeal No. 162 of 1947 six weeks time to deposit the printing cost, failing which the appeal would stand dismissed without further reference to the Bench. The order of the Bench not having been complied with the appeal stood dismissed.

The application for execution of the decree was filed on 12-4-1950 which was certainly more than three years from 29-1-1947, the date of the decree. It was, however, within three years from the order of this court. There is no dispute between the parties that if the period of limitation is counted from the order of this court, then the application for execution was within time. If, on the other hand, the period of limitation was to be counted from the date of the decree, then the application for execution was out of time.

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