The final decree in the mortgage suit under execution in the present case is of 6th March, 1940. On 6th March, 1943, E.P. No. 38 of 1943 was filed and it was dismissed on 23rd August, 1943 for default of prosecution. The execution petition, out of which this appeal arises, was filed on 15th January, 1947. It was ordered as in time. Hence this appeal.

What is claimed to save the execution petition from the bar of limitation is the pendency of an application under Order 9, rule 13 of the Civil Procedure Code, by the ninth defendant, the judgment-debtor, from whom the appellant claims as purchaser, from somewhere in June, 1943, to its dismissal on 13th January, 1944. That there can be no suspension of time which has once begun to run except under the heads of deduction specially recognised and provided for by the statute is, however, too well settled to be disputed.

But the way in which the point is further put for the respondent and was accepted by the Court below is that an application under Order 9, rule 13 of the Civil Procedure Code is virtually an application for review within the meaning of clause (3) of Article 182 of the Indian Limitation Act, an order on which gives a