1. The assignee-decree-holder in O. S. No. 923 of 1108 on the file of the Perumbavoor District Munsiffs Court has preferred this appeal against the order of the execution court dated 9-12-1123 that the execution application filed by him on 30-12-1121 was barred by the 12 pears' rule enacted in Section 48 of the Civil Procedure Code (Section 41 of the Code of Civil Procedure (Travancore) since repealed). The Division Bench before which the appeal first came up for hearing referred it for disposal by a Full Bench as it raised some nice questions relating to the law of execution. Before the reference, and as a preliminary thereto, certain findings were called for from the execution court and the order of reference was made after the findings were received in this Court.

2. The facts so far as they are relevant for the purpose of the appeal are as follows:

The decree under execution is one charged on immovable properties and it was passed by the Perumbavoor District Munsiff's Court on 21-2-1109. At that time the properties directed to be sold thereunder were within the jurisdiction of the Perumbavoor Court, but before the first execution application was made the territorial