( 1 ) THIS is a special appeal arising out of a decision made by Mr. Justice Mushtaq Ahmad by which decision the learned Judge modified an order of the court below when the order was made the subject-matter of an execution second appeal in this Court. While deciding the appeal Mr. Justice Mushtaq Ahmad granted leave to file a special appeal, and this is how this appeal is before us.

( 2 ) ON the 18th April, 1934, the appellant firm Sukhanand Mathura Prasad obtained a decree for money in their suit No. 176 of 1933. The decree was for a sum of Rs. 4000/- odd. Applications for execution were made in respect of the decree, and we are concerned in this appeal with the application which was made on the 10th Oct. 1945. The question which falls for determination is one of limitation and for purposes of determining that question, or even for the purpose of understanding the question properly, it is necessary to state that there was a firm called Beni ram Ganesh Prasad who had obtained a decree for Rs. 500/- odd in a Small Cause Court suit against firm Sukhanand Mathura Prasad and that Beni Ram Ganesh Prasad had attached the decree of Sukhanand Mathura Prasad which was under exec