Nawal Kishore, J.—This is an appeal by the decree-holder against the order of the learned District Judge holding that the petition for execution referred by him in the court of the Munsif was barred by time.

2. It appears that on 6th of February, 1942 Chandmal appellant obtained an ex parte decree against Baburmal. No appeal was preferred from this decree by the judgment-debtor and instead he filed an application for having it set aside but it was dismissed. On appeal to the High Court, there was a compromise and an order was passed on nth of November, 1943 that if Baburmal paid Rs. 40/- as costs to the decree-holder within fifteen days and gave security for due performance of the decree that may be passed against him within one month, the ex parte decree will be set aside otherwise it will stand. The judgment-debtor did not comply with this order and when an application for execution of the decree was filed on 8th of April, 1945, he objected on the ground that since limitation ran from the date of the decree, it was barred by time. The learned Munsif repelled this objection and held that limitation ran from the date of the order of the High Court and accordingly, execution was not

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