K.T. Sankaran, J.

1. The petitioner, the decree holder in O.S. No. 716 of 1994 on the file of the Court of the Principal Sub Judge, Kollam, filed E.P. No. 399 of 2006 on 8.12.2006 for realisation of the decree amount of Rs. 1,71,347/-. The Execution Petition was posted for taking steps on 1.3.2008. On that day, the counsel for the decree holder was not present. Steps were also not taken. The executing court dismissed the Execution Petition on 1.3.2008 for default. On 21.6.2008, the decree holder filed E.A. No. 370 of 2008 under Rule 106 of Order XXI of the Code of Civil Procedure. That application was filed beyond 30 days as provided under sub-rule (3) of Rule 106 of Order XXI of the Code of Civil Procedure. The court below dismissed E.A. No. 370 of 2008 on the ground that the application was not filed within time and that Section 5 of the Limitation Act is not applicable to any proceeding under Order XXI of the Code of Civil Procedure. The first judgment debtor was the brother of the decree holder. He died pending Execution Petition. His wife is the second judgment debtor. Their children were sought to be impleaded as supplemental respondents. The prayer in the Execution Pet