The Chief Justice.- This is an appeal under the Letters Patent against the judgment of Panchapakesa Aiyar, J., in a Civil Miscellaneous Second Appeal arising on the following facts. The respondent obtained a decree in O.S. No 243 of 1933 on the file of the District Munsiff, Kovvur, for Rs. 1,053-4-3 and costs. The decreeholder filed applications for execution of the decree the last of which was E.P. No.

338 of 1939. When this was pending, the judgment-debtor filed an application E.A. No. 565 of 1940 on 28th June, 1940, under section 20 of Madras Act IV of 1938 and on that application there was an order for stay passed on 2nd July 1940. On the same day, E.P. No. 338 of 1939 was “struck off.” On 28th August, 1940. the judgment-debtor filed a regular application under section 19 of Madras Act IV of 1938 and the decree was eventually scaled down to about Rs. 300 by an order of Court dated 31st January, 1941. On 22nd November, 1944, more than three years after the order scaling down the decree, the decree-holder filed E.A. No. 1341 of 1944 to bring E.P. No. 338 of 1939 into the pending list and to continue further execution. The contention of the judgment-debtor was that the decreeholder

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