Alfred Henry Lionel Leach, C.J.

1. The appellant was the defendant in a suit on a mortgage filed in the Court of the District Munsif of Parapanangadi. A preliminary decree was passed against him on the 21st July, 1925 and he preferred an appeal. No stay of the proceedings in the trial Court was obtained pending the hearing of this appeal and on the 9th November, 1925, the District Munsif passed a final decree for sale. The appeal against the preliminary decree was dismissed on the 16th March, 1927. On the 15th March, 1930, the decree-holder respondents applied for execution of the final decree. Objection was taken by the appellant on the ground that the application for execution was barred by the law of limitation, as it had been filed more than three years after the passing of the final decree. The District Munsif rejected this contention, but dismissed the application because the second defendant had died and his legal representatives had not been brought on the record. The appellant appealed to the Subordinate judge against the order dismissing the application and the Subordinate Judge sent the case back to the District Munsif for reconsideration. The District Munsif main