Ismail, J.- The second plaintiff in O.S. No. 635 of 1957 on the file of the Court of the principal District Munsif, Padmanabhapuram who lost before the Courts below, is the appellant herein. The suit was instituted by the predecessor-in-trest of the appellant herein and during the pendency of the suit, he having died, the appellant herein was brought on record as his legal representative and as the second plaintiff to prosecute the suit. The suit was to enforce a mortgage and a preliminary decree was passed on 30th January, 1958. Thereafter, in 1969, the appellant filed I.A. No. 126 of 1969 pur-Porting to be under Order 34, rule 5 of the First Schedule to the Code of Civil Procedure for passing a final decree for the sale of the property. Admittedly, the amount decreed had not been paid by the respondents herein. The respondents put forward the contention that, since the preliminary decree was passed on 30th January, 1958 and since the application in I.A. No. 126 of 1969 was filed after the expiry of 3 years from the date of the decree, the said application was barred by limitation. The courts below accept-ed this contention of the respondents herein and dismissed the application f

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