This appeal is directed against an order of Mr. B. Goswami, Subordinate Judge, Upper Assam Districts, Jorhat, dated 10-3-58, in Misc. Appeal No. 14 of 1957. By the order in question, the learned Subordinate Judge allowed the appeal of the judgment-debtor holding that the execution case was time-barred and reversing the decision given by the learned Munsiff in favour of the decree-holder. The order, in my opinion, is misconceived and has to be set aside.

(2) The decree to which the execution case relates was passed in Title Suit No. 47 of 1952 in favour of the decree-holder appellant, giving vari­ous reliefs to the decree-holder, namely, for eject­ment, for Khas possession and for compensation. The date of the decree is 15-11-52. Execution was started on the basis of the decree in Execution: Case No. 73 of 1953, which .was filed on 25-11-53, obviously well within three years of the date of the decree.

It appears that the judgment-debtor appeared in the execution case and filed objections under Sec. 47, C. P. Code, but his objections were over­ruled, and he failed even on appeal. Ultimately, however, the execution case was dismissed for de­fault on 31-8-56. Almost immediately thereafte

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