Jackson, J.

1. Appeal against the order of the Court of the Additional Subordinate Judge of Masulipatam in A.S. No. 65 of 1924 (E.P. No. 258 of 1923 on the file! of the Court of the District Munsif of Avanigadda at Masulipatam).

2. The decree-holder in O.S. No. 57 of 1918 filed an execution application on 26th June, 1922. The previous application was on 20th January, 1919.

3. In order to save the bar of limitation the decree-holder relies upon a payment under Order 21, Rule 56 made on 31st October, 1919, alleging that such payment is tantamount to a payment by the debtors agent duly authorised in this behalf as contemplated by Section 20 of the Indian Limitation Act.

4. The question for determination is whether this payment can be described as such.

5. In O.S. No. 6 of 1911 on the file of the Bandar Additional District Munsif there was deposited a sum of Rs. 514 to the credit of the plaintiff, Chandana Veeraswami. This sum was attached before judgment by the present respondent Seshayya who in O.S. No. 57 of 1918 was suing (along with his heirs) Veeraswamis son, the present appellant, on a pro -note executed by Veeraswami. After obtaining a decree inO.S. No. 57 of 1918 Seshayya a