In our opinion this appeal has to be allowed and E.P. No.88 of 1947 remanded to the Subordinate Judge of Sivaganga for disposal on the merits. The learned Subordinate Judge has held that the execution is barred on the ground that more than twelve years have elapsed from 14th August, 1934, when this Court allowed A.S.No.406 of 1930, and such being the case E.P.No.88 of 1947 is barred under section 48 of the Civil Procedure Code.

What happened was that for the restitution of costs realised by a decree-holder in O.S.No.114 of 1925 on the file of the Sub-Court, Madura, one Sathayappa Chettiar executed a security bond in favour of the Court. In that security bond Sathayappa Chettiar stated that himself personally and the joint family properties belonging to him and his two sons would be made liable in case the decision in A.S.No.406 of 1930 went against the persons on whose behalf the security bond was executed. On 14th August, 1934, this Court in A.S.No.406 of 1930 allowed the appeal and thereby made the security bond enforceable. Thereafter by E.A. No.750 of 1934 the plaintiff-decree-holder who is the appellant in this appeal tried to enforce that security bond. To th