Kuppuswami Ayyar, J.

1. This appeal arises out of proceedings in execution and the question for consideration is as to whether the execution petition out of which the appeal arises is barred by limitation. The decree in the suit was passed on the 1st December, 1922. It directed delivery of certain properties on payment of a certain amount. The original decree directed that Rs. 17,644-12-0 should be deposited. There was an appeal and the appellate Court on 28th September, 1926, modified the decree of the first Court and reduced the amount to be deposited to Rs. 6,113-8-0. It was taken to this Court in second appeal which was dismissed on the 21st November, 1930. The first execution petition, E.P. No. 169 of 1933, was filed on the 21st November, 1933. After enquiry as regards the amount that had to be deposited an order was passed on the 23rd March, 1934, directing the decree-holder to deposit into Court Rs. 6,960-0-2 by a particular date fixed by the Court. As the amount was not deposited, the petition was dismissed on the 9th April, 1934. The matter was taken to the Madura District Court in appeal which appeal was dismissed on the 7th March, 1936. A civil miscellaneous secon