1. The matter arises in execution of the decree, on objection raised by the respondent - 5th defendant, that the execution of the decree is barred by limitation, as regards personal execution for realisation of the mesne profits, granted under the decree. The court below upheld the objection and hence this appeal by the assignee-decree-holder.

2. The decree set aside a mortgage which stood in favour of the 5th defendant in respect of plaint item No. 3 and allowed recovery of the same, with past and future mesne profits. The decree was passed on 4-3-1121. On 18-10 -1123, the first execution application was filed, praying inter alia for recovery of the mesne profits but only 'as a charge against the properties'. The prayer for personal execution against the 5th defendant was for the first time made in the second execution petition dated 22-6-1953, but as by then, more than three years had elapsed from the date of the decree the court below held such prayer was barred by limitation under Art.182. The assumption, apparently, was that the portion of the decree which granted mesne profits amounted to a separate decree by itself and limitation therefor in execution must be comp