Alfred Henry Lionel Leach, C.J.

1. The Letters Patent Appeal involves the question of the effect of the judgment of this Court in Sriramachanara v. Venkateswara AIR1939Mad157 . In that case a Division Bench consisting of King and Krishnaswami Aiyangar, JJ., held that the word appeal in the third column of Article 182 of the Limitation Act means an appeal in the suit which is likely to affect the decree sought to be executed, and not merely an appeal against the actual decree or order sought to be executed. In other words, the word appeal does not necessarily mean an appeal from the decree or order referred to in the first column of the Article. In the present case the facts are very different from the facts in Sriramachandra v. Venkateswara AIR1939Mad157 and King, J., whose judgment is now under appeal, has held that the decision in Sriramachandra v. Venkateswara AIR1939Mad157 does not, govern the present case.

2. In Sriramachandra v. Venkateswara AIR1939Mad157 there was an appeal against an order refusing to set aside an ex parte decree and the Court held that the period of three years prescribed by Article 182 ran from the 20th October, 1932, the date of the appellate decr