This revision petition is against the order of the District Munsif of Narasapur dismissing the petitioner’s application for execution as barred under article 182, clause 5 of the Indian Limitation Act.

The petitioner obtained a decree in a Small Cause suit on 9th March, 1936. Re filed an execution petition, E.P. No. 903 of 1936, on 21st September, 1936, for issue of a warrant for arrest of the judgment-debtor. On 23rd September, 1936, an order for arrest was passed, returnable on 20th October 1916. On 21st October, 1936, the following order was passed by the learned District Munsiff of Narasapur

“Judgment-debtor not found for arrest. Struck off.”

The present E.P. was filed on 31st March, 1947, more than 11 years after the order referred to was passed on the previous E.P. Prima facie the petition is barred under article 182, clause 5 of the Indian Limitation Act.

The learned counsel for the petitioner argues that the order made on 23rd September, 1936, in the terms referred to and the petition having been struck off, it is not a final order, that the E.P. No. 903 of 1936 must be deemed to have been pending and the present execution petition is only a reminder to continue the pro