Koman, J.

1. The appellant filed O.P. No. 14 of 1923 on 29th June, 1923, as pauper. The petition was subsequently registered as O.S. No. 217 of 1923. The appellant was only two years old at that time and was represented by his next friend Arunachala Goundan, the brother of the appellants grandfather. The preliminary decree in the suit was passed on 7th October, 1924, in which the plaintiff was declared entitled to one-sixth share in the family properties and the final decree was passed on 23rd December, 1925. The plaintiff states that he became a major only in 1940, though this is disputed by the respondents. He filed E.P. No. 362 of 1942, on 26th June, 1942, for execution of the final decree after getting the final decree engrossed with necessary stamps on 26th March, 1942. The learned Subordinate Judge of Goimbatore has dismissed the execution petition on the ground that it is barred under Section 48 of the Code of Civil Procedure.

2. It is contended for the appellant that under Section 48(2) of the Civil Procedure Code he is within time. It is stated that because of fraud played by the judgment-debtors in selling some of the properties that should have come to his share un