RENUPADA MUKHERJEE, J.

( 1 ) A short question of law which does not appear to be covered directly by any decision of our High Court is involved in this appeal. That question is whether an application for execution of a decree which has been drawn up in confor-mi,y with Rule 11 of Order 21 of the Code of Civil Procedure and which is otherwise in form can be treated as a good application for the purpose of saving limitation if it has been filed by a lawyer who has got no authority to file it.

( 2 ) THE above question of law has arisen for my determination under the following circumstances about which there is no dispute. The Pioneer Commercial Bank (in Liquidation) obtained a decree against appellant Ushapati Mondal on September 2, 1949. It appears that an application for execution of the decree was drawn up in accordance with law and signed by the Official Liquidator Sri P. C. Sen. The application was presented in Court by the Liquidator's Pleader Sri Asoke Charidra Bose on September 2, 1952. The contents of the application were noted in the Register of the executing court and the application was also given a number, namely, No. 44 of 1952 of the executing court. It was, however,

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