1. The legal representative of the decree-holder in O.S. No. 574 of 1108 on the file of the Court of the District Munsiff of Meenachil, has brought this second appeal against the order the learned Temporary Additional District Judge of Kottayam passed on 21.3.1953 in A.S. No. 207 of 1953 dismissing the execution application (E.P. 65 of 1952) filed by the appellant as barred by time. The District Munsiff had allowed the execution to proceed over-ruling the judgment-debtor's objection that the execution was barred by limitation. The learned District Munsiff's view was that by reason of certain prior orders the judgment-debtor was precluded at the present stage of the execution proceeding from raising the plea of limitation. The appellate court differed from the execution court's view and dismissed the application. Hence this second appeal.

2. E.P. 65 of 1952 was the 4th execution petition filed in the case. The decree is one passed on 23.7.1115 and is a simple (unregistered) money decree. Admittedly the first execution petition, E.P. 17 of 1120 was made beyond 3 years from the date of the decree. E.P. 17 of 1120 was filed on 7.1.1120. It is common ground that the three sub