King, J.

1. The question at issue in this appeal is whether an application made by the appellant on the 19th August, 1938, was made within time. The application was to execute a decree passed in April, 1934, which provided for the payment of Rs. 400 in three annual instalments, the first of which was due on the 10th April, 1935. There was a clause in the decree that if default was committed in the payment of any of these instalments the decree-holder should be at liberty to apply immediately for the recovery of the whole of. the amount due. Accordingly, on the 23rd September, 1935, the decree-holder appellant, as no money had been paid to him in regard to the first instalment, presented an execution application to the Court in which he put forward a claim for the whole of the amount of the decree. This execution application was returned to him for the amendment of certain defects and was never re-presented. The next application is the one now under discussion, presented on the 19th August, 1938. It was contended originally by the decree-holder that this application was in time, although it was made more than four years after the date of the decree, because of the filing of t