B.D.Singh, J.

1. This appeal by the sole appellant who was decree-holder in the executing court, is directed against the order of learned Subordinate Judge, dated 20-5-67 passed in Miscellaneous Case No. 1004 of 1966, holding that the execution levied by the appellant in Execution Case No. 59 of 1966 was barred under the provisions of Article 182 of the Indian Limitation Act, 1908 (hereinafter to be referred to as the Act). The respondents were the judgment-debtors in the said execution case.

2. In order to appreciate the points for decision in this appeal, it will be necessary to set out the facts in brief. The appellant instituted Misc. Case No. 20 of 1950 in the court of Subordinate Judge, Hazaribagh for appointment of arbitrator for examining the accounts of the partnership business maintained by Mahendra Lal Kushiari, for recovery and deciding disputes between the parties and for valuing the effects, and goodwill of the partnership business to enable the appellant to purchase the interest of Mahendra Lal Kushiari at half the valuation so made minus any sum that might be found due from Mahendra Lal Kushiari to the appellant. The Subordinate Judge appointed arbitrators,