King, J.

1. This appeal arises out of an application by the decree-holder in O.S. No. 24 of 1929 on the file of the Principal Subordinate Judge, Vizagapatam, to execute against defendants 2, 6 and 7, the decree which he obtained against them ex parte on 5th March, 1930. There was an application to the Subordinate Judge to set aside this ex parte decree which was dismissed. Against this order of dismissal defendants 1 and 3 to 5 appealed to the High Court. On 20th October, 1932, the High Court gave judgment allowing the appeal, and extending its benefits to defendants 2, 6 and 7 also on condition that they deposited the decree amount within three months. This deposit was not however made, and so as against defendants 2, 6 and 7 the ex parte decree stood confirmed as from 20th October, 1932. The present application for execution was made on 15th August, 1935. It has been dismissed by the learned Subordinate Judge as being filed more than three years after the date of the decree and the question before us is whether that order of dismissal is in accordance with law.

2. The law which applies to these facts is formulated in Article 182 of the Limitation Act. The description of the