Ramachandra Iyer, J.-

This appeal which is filed by the decree-holder (fourth defendant) raises a question of limitation, namely, whether E.P. No. 291 of 1956 in O.S. No. 121 of 1926 is barred by the provisions of section 48, Civil Procedure Code.

The suit was one for accounts on the basis of a dissolved partnership. The decree in the suit was passed on 20th February, 1928, under which the second defendant along with two others were directed to pay a large sum of money to the fourth defendant. By a subsequent agreement between the parties which was duly recorded in Court the liability of the defendants was split up. Under the terms of the compromise, the second defendant was to give security for the decree against him and also pay a sum of Rs. 2,000 per year, the balance of the decree amount to be paid on 13th April, 1943, on which date the decree-holder would attain the age of majority. For the due performance of the decree (under the terms of the compromise) the second defendant was to give security of certain immoveable properties. This he did. Both the compromise as well as the security bond were duly registered. The execution petition out of which this appeal arises was filed on

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