Horwill, J.-The appellant mortgagee filed a suit for a declaration that although the consideration in the mortgage document was shown to be Rs.2,000 it was, in fact, only Rs.1,000. The Court found that this was so. On 27th March, 1941, the respondent, who is the sole executor of the will of the judgment-debtor, filed an application praying that he might be brought on record as the legal representative of the judgment-debtor, whom he reported to be dead. The learned Judge held that it had not been proved satisfactorily that the judgment-debtor was dead. Upon dismissing that application, he decreed the suit ex parte with costs. The respondent filed C.R.P.No.1834 of 1941 against the order dismissing his application to be brought on record; and this was dismissed on 6th January, 1943. The application E.P.No.304 of 1944 was filed on 17th July, 1944, and it is seen that this execution petition was filed more than three years after the passing of the decree in the suit, but well within three years of the date of the dismissal of the civil revision petition. The learned District Munsiff held that the application was barred by limitation. In appeal the. learned District Judge disposed of th

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