1. The order of reference is self-explanatory. It reads as follows:

"On 13.8.1120 the District Court of Kottayam passed an order by which the debt due under the decree in O.S. No. 43 of 1108 was fixed at Indian Rs. 5820 as on 31.1.1116 and the amount which the debtor had to deposit per instalment at Indian Rs. 349, 5 chs.11 cash. The debtor was also given three months' time to make up the deficit in the instalments already paid. Both parties filed appeals from the said order to the High Court of Travancore and the appeals were dismissed on 20.10.1121.

(ii) The only question that arises for decision in this case is whether the three months' time granted by the District Court should be calculated from 13.8.1120 or from 20.10.1121. It is agreed that if the latter is the material date, the appeal has to be allowed and that if it is the former, the appeal has to be dismissed.

(iii) The date from which the period allowed should be calculated has been a subject of controversy among the various High Courts in India. The position is summed up as follows in Chitaley and Rao's Code of Civil Procedure (Fifth Edition, Volume, I, page 1379):-'Suppose a decree of the primary court which