I. N. MODI, J.

( 1 ) THIS is an appeal by the decree-holders Harakchand and another against the judgment and decree of the District Judge Balotra dated the 12th August, 1954 by which he reversed the judgment and decree of the Civil Judge Balotra and held that the decree-holders application for execution was barred by time.

( 2 ) IT is necessary to state the following facts in order to appreciate the contentions which have been raised by the decree-holders in this appeal. The decree-holders obtained a decree for Rs. 4000/-and costs against Sameldan on the 13th september, 1932. Sameldan died during the course of the execution proceedings, and, therefore, his son Khetdan the present respondent was substituted on the record in place of Sameldan. The decree-holders filed an execution application on the 5th November, 1941, and this was dismissed in partial satisfaction on the 8th april, 1942. Thereafter they filed another application for execution on the 5th april, 1948. This was dismissed for default on the 24th September, 1948. A further application was thereafter filed on the 15th September, 1949, and it is this application out of which the present appeal arises. The judgmen