S.Sarwar Ali, J.

1. This miscellaneous appeal is directed against the order of the 1st Subordinate Judge, Arrah, allowing miscellaneous case No. 105 of 1968. By this order the learned Subordinate Judge held that the execution case, being execution case No. 170 of 1965, was barred by time.

2. The relevant facts may be stated. Title suit No. 25 of 1944 was filed for partition of the suit properties by the appellants who were plaintiffs in the suit. On 15th January, 1946 a compromise decree was passed. This compromise decree not only defined the shares of the parties but on the basis of the compromise petition made allotment of specific properties to the different parties. No further step appears to have been taken for a long time. On 27th July, 1965 defendant No. 6 filed an application for preparation of the final decree. Non-judicial stamp was filed on 14th August, 1965. On 28th August, 1965 the final decree was signed. The final decree gives the date of decree as 15th January, 1946. Execution case No. 1.70 of 1965 was filed on 14th December, 1965 by the plaintiffs. Notice under Order XXI, Rule 22 of the Code of Civil Procedure was served. Shrikant Pathak appeared and filed