Bell, J.

1. This appeal arises out of execution proceedings following a decree passed dated 3rd March, 1932, for Rs. 2,150 being damages due from the judgment-debtor for breach of contract. A number of execution petitions were filed, the last one being disposed of on 17th December, 1943. It was dismissed on failure of the decree-holder to file certain papers. The execution petition out of which this appeal arises was filed on 22nd April, 1944, and was therefore outside the period of twelve years provided by Section 48 of the Civil Procedure Code although within three years from the date of disposal of the execution petition above-mentioned. The District Munsiff considering these facts found that the present execution petition could not be considered to be a continuation of the 1943 petition which had been plainly dismissed for default, and that, as it was outside the period of twelve years, it was time barred. He therefore dismissed it.

2. On appeal the Subordinate Judge allowed evidence to be given of fraud in the sense of Section 48(2)(a) on behalf of the decree-holder. He felt entitled to do so on the authority of Ramanathan Chettiar v. Mohideen Sahib I.L.R.(1822) All. 319