HARI LAL AGRAWAL, J.

1. In this appeal by the judgment-debtor whose objection under S.47 of the Civil P.C. had been rejected, the question is as to what would be the date of decree within the meaning of Art.182 of the old Limitation Act for the purpose of computing the period of limitation for executing the same. The decree under execution is a final decree in a suit for partition.

2. The partition suit was instituted in the year 1945, and the judgment was delivered on 28-11-1949. The preliminary decree was thereafter passed on 3-1-1950 and a commissioner was appointed to prepare the final decree in terms of the rights of the parties declared under the preliminary decree. On 18-5-1955 the trial Court accepted the commissioners report and passed the following order.

"The suit is decreed finally in terms thereof (commissioners report). The report shall form part of the decree. Parties should file non-judicial stamps for preparation of the final decree".

Immediately thereafter a miscellaneous case was filed for making certain corrections in the preliminary decree itself and by order dated 24-8-1957 the Court came to the conclusion that the preliminary decree was not drawn up i