RAGHUBAR DAYAL, J.

( 1 ) THIS is an execution second appeal by the judgment-debtor against the order of the court below that the execution application by the decree-holder respondent for execution of the final decree under Order 34, Rule 5, Civil P. C. , was filed within time.

( 2 ) THE order for the preparation of the final decree was passed on 8-7-1937. The final decree was actually prepared on 23-7-1937. The decree mentions at the end: "it is issued today the 23rd july, 1937 under my signatures and seal of the court. " Below this appear the signatures of the civil Judge with the same date, 23-7-1937 as the date of his signing this decree.

( 3 ) THE first execution application was presented on 17-7-1940 within three years of the date the final decree bore, but beyond three years of the date on which the order for the preparation of the final decree was passed. These proceedings became infructuous though the office had reported that the execution application was filed beyond time and the decree-holder had replied that the application was within limitation on account of the provisions of the Temporary Postponement of Execution of Decrees Act, 1937 (Act X of 1937 ). On 4-3-1942, the

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