Raghava Rao, J.-The question in these Civil Miscellaneous Appeals is whether the execution petition out of which this appeal arises is barred by time. The Court below has held that it is.

The appellant is a mortgagee decree-holder, who is in the present proceeding seeking to execute the decree against the properties in Schedule D-1 to the plaint in the hands of the contesting respondent, the 22nd respondent, who came to be impleaded before decree as the legal representative of the 5th defendant in the suit. The 15th defendant is the purchaser of the properties subsequent to the morrgage as well as the charge. The present execution petition against the 5th defendant is one presented admittedly more than three years from the date of the order on the last execution petition, namely, 31st January, 1941.

It was contended for the decree-holder in the Court below that the present execution petition stood saved from the bar of limitation by a letter of acknowledgment passed by the 15th defendant Ex. P-1 dated 5th January, 1944. The contention was rejected by the Court below on the ground that Ex. P-1 was not a bona fide, but collusive document. The finding of collusion and fraud reco