Govinda Menon, J. - This Appeal arises in execution of the decree in O.S. No. 2 of 1934 on the file of the District Court, East Tanjore at Nagapattinam. The decree-holders’ application to execute the decree has been held to be barred by the lower Court on the ground that it was filed more than three years after the final order was passed on an earlier application. The facts giving rise to this litigation are as follows:-

In O.S. No. 2 of 1934 a decree was passed against all the defendants of whom defendants 1 to 5 formed one group and defendants 6 and 7 another. On 24th April, 1934 there was an appeal against that but that was dismissed on 9th. February, 1939. The first application for the execution of the decree was filed on 13th August, 1940 on which final order was passed on 20th October, 1942. The present application for execution directed against defendants 6 and 7 alone was filed on 23rd September, 1946 more than three years after final orders had been passed on the earlier application and the objection taken by the judgment-debtors that the application was barred was sought to be got over by the decree-holders stating that there was an earlier application for the issue of a

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