( 1 ) THIS appeal arises out of an order of Bose J. dated June 2, 1958, by which His Lordship confirmed an interim order appointing the Court Liquidator High Court as the Receiver of certain amounts of money payable on bills submitted by the appellant firm to the Executive Engineer, Works and Buildings Department, Midnapore Division and authorising the Receiver so appointed to collect the outstanding debts and claims due in respect of the aforesaid bills. The aforesaid order was made by Bore J. upon a Tabular Statement filed by the respondent Bank verified by an affidavit dated the 24th of August, 1957. The question that arises for consideration is whether the application for execution filed by the respondent is barred by limitation.

( 2 ) THE facts which are not in dispute may be briefly stated as follows: on March 29, 1947, the respondent Banking Company obtained a compromise decree against the appellant firm for a sum of Rs. 31,000. 00. On the date of the compromise decree the appellant firm paid a sum of Rs. 2115. 00 towards the decretal dues and it was agreed that a sum of Rs. 6885. 00 would be paid on May 9, 1947 and it was further agreed that the balance of Rs.