The appellants are the judgment-debtors in O.S.No.276 of 1936 on the file of the District Munsif’s Court, Repalle, and this appeal arises out of the execution proceedings taken out by the plaintiff decree-holder. The main point for determination in this appeal is as to whether the execution petition is barred by limitation. The decree was passed on 8th March, 1939. The first execution petition was on 2nd March, 1942, which was dismissed on 21st March, 1942, as not pressed. The second execution was taken out in E.P.No.72 of 1946 filed on 31st January, 1946, admittedly more than three years after the disposal of the prior execution. In E.P.No.72 of 1946 the decree-holder alleged a payment of Rs.25 said to have been made by the judgment-debtors on 6th February, 1944 and relied on that payment as an acknowledgment saving the proceeding from the bar of limitation. That petition was returned from time to time for information as to the fact and mode of the payment of Rs.25 and eventually on 28th February, 1946, the court ordered notice under Order 21, rule 22, Civil Procedure Code and the endorsement on the petition, on that date, was as follows:

“The previous E.P. was rejected o