G. K. MISRA, J.

( 1 ) DEFENDANT is the petitioner. The facts leading to the Civil Revision are as follows: plaintiff-Opposite Party filed Original suit No. 278 of 1944 in the Court of the Munsif, Balasore for redemption of the mortgage by conditional sale d/- 27th July 1934 and the suit was decreed on 25th August 1946. The mortgage dues, payable by the mortgagor to the mortgagee, were deposited on 22nd September 1945. The decree of the learned Munsif was ultimately confirmed by the High Court in second appeal No. 342 of 1947 on 30th July 1951, and the High Court allowed six months' time for redemption from the date of the judgment. Plaintiff filed an application for making the decree final on 14th March 1957. The learned Munsif dismissed this application on 20th January 1959 holding that the application was barred by limitation under Article 181 of the Limitation act as the decree-holder-mortgagor failed to apply within three years of the deposit and that Section 5 of the Limitation Act had no application to this case. On appeal the learned Additional Subordinate Judge, Balasore, reversed the judgment of the learned Munsif holding that Section 5 of the Limitation Act had applicati