JUDGMENT

Sanderson, C.J. - This is a Reference by my learned brother, Walmsley, J., and me to a Full Bench.

2. The facts of the ease are set out in the referring judgment and it is therefore not necessary for me to state them again.

3. My learned brother and I decided that Article 183 of the Limitation Act of 1908 does not apply to the Appellant's application for a decree under Order 34, Rule 6 of the first schedule to the Code of Civil Procedure, 1908.

4. We were of opinion that Article 181 is applicable, but we found that there is decision of a Division Bench of this Court, viz., Biswambhar Shaha v. Ram Sundar Kaibarta [1915] 42 Cal. 294, to the effect that Article 181 does not apply to an application under Order 34, Rule 6. The basis of that decision was that, in a mortgage suit in which there has been a decree for sale and in which the plaintiff had his personal remedy at the date of the institution of the suit, no exception by way of limitation would arise with regard to an application under Order 34, Rule 6 and that such an application is not covered by Article 181.

5. As my learned brother and I were unable to agree with the decision in the above-mentioned case, we referred the m