Madhavan Nair, J.

1. The question for decision in this case is whether the legal representative of a deceased decree-holder who died during the pendency of an execution petition filed by him can be substituted in his place and be allowed to1 continue it. The deceased decree-holder obtained a decree against the respondent in S.C. No. 266 of 1914 on the file of the Sub-Court of Sivaganga and filed several execution, petitions to execute it. Before the last petition E.P. No. 330 of 1926 was disposed of, he died. His legal representative, the petitioner before us, then applied to the Court for permission to amend the execution petition filed by his father by adding his name to1 it and to continue the execution proceedings. The present petition is more than twelve years after the decree and would, therefore, be barred by Section 48 of the Code of Civil Procedure if it is treated as a fresh execution petition; but if the petitioner is allowed to continue the execution petition already filed by the deceased decree-holder, then his execution petition is not barred by limitation. The District Munsif passed the following order on the petition:

This is an application by the legal repres