Lakshmana Rao, J.

1. This appeal arises out of an application for transmission of the decree in O.S. No. 72 of 1922 on the file of the Subordinate Judge of Cocanada for execution to the District Court of South Arcot and the questions for determination are (1) whether the application is barred by limitation against the appellant (defendant 3) and (2) whether the decree is executable against him. Respondent 1 is the decree-holder and the suit was for recovery of Rs. 28,374-11-9 due under two promissory notes executed by the appellant and respondents 2 and 3. The appellant pleaded that he was a surety and the suit was decreed on 19th February 1923 as follows:

It is ordered and decreed that the plaintiff (respondent 1) do proceed against defendants 1 and 2 (respondents 2 and 3) in the first instance and against defendant 3 (appellant) in case the amount cannot be releted from defendants 1 and 2 and do recover Rs. 26,777-4-9 with further interest and proportionate coats.

2. A sum of Rs. 3,652-4-1 was realised by 1926 by executing the decree against respondents 2 and 3, and two applications were filed by the decree-holder on 18th January 1927 for transmission of the decree to the Di