JUDGMENT

Bayley, J. - I think these appeals must be dismissed with costs. It is necessary to premise by giving a few facts and dates. In the year 1846, a decree was passed in favour of the father of Lakhikant, Bepin Behari, and Nabin. Execution proceedings were taken but on the 27th April 1847. On the 13th June 1859, application was made by the above-mentioned three parties together for execution of the decree, and after this the case was struck off on the same day. On the 26th March 1863, Lakhikant and Bepin Behari filed a petition, asking for execution of the decree, as for their recognized share of 6 annas 6 gandas 2 cowries and 2 krants each. Next, the plea of limitation was raised by one of the judgment-debtors, but the plea was finally overruled by the High Court, on the 30th July 1867. On the 8th January 1868, the third decree-holder, Nabin, applied for execution of the decree; and on his decease, his sons appeared to represent him in March of the same year; but it was pleaded that limitation barred the decree, there not having been any effective proceedings taken within the three years next preceding the last application for execution. It is argued that there was a severance