1. The first defendant judgment debtor in S. C. No. 236 of 1952 on the file of the Munsiff's Court, Puttur is the petitioner in this Civil Revision Petition. He challenges the correctness of the order passed by the lower court holding that the Execution Petition S. E. A. No. 97 of 1961 filed by the decree-holder is not barred by limitation.

2. S. C. 236 of 1952 was a suit filed by the respondent herein against the revision petitioner for recovery of money on the strength of a promissory-note dated 5149. The suit was decreed on 310 52. The Execution Petition was filed by the decree-holder only on 28 8 61 and the question for consideration is whether or not the said petition was barred by limitation. According to the decree-holder, in confuting the period of limitation, he is entitled to exclude the period from 15 155 till 3110 60 on the ground that during the said period the decree had been rendered unexecutable as a result of the judgment in O. S.219 of 1952 evidenced by Ext. A-3 which was subsequently set aside on 31-10-60 by the appellate court.

3. O. S.219/52 was a suit filed under S.53 of the Transfer of Property Act by two persons claiming to be creditors of the pres