( 1 ) THIS is a decree-holders second appeal arising out of an objection that the execution application was barred by time. The relevant facts are these.

( 2 ) THE decree under execution was passed by the Assistant Collector, first class, Kanpur, on 30-9-1938. Both the parties appealed to the District Judge. The decree-holders filed their vakalatnama in the judgment-debtors appeal on 27-2-1939, while the judgment-debtor also filed his vakalatnama in the decree-holders appeal, but the date is not known. Both the appeals came up for hearing on 15-5-1939. None of the parties seemed to have appeared and both the appeals were dismissed for default on that date. The decree-holders then filed an application for execution on 5-2-1942. The judgment-debtor objected that this application was beyond limitation as it was beyond three years of the date of the decree. His contention was that the order dated 15-5-1939 passed in appeal could not give a fresh starting point for purposes of limitation, as it was not a final order but was merely an order dismissing the appeal for default. The Assistant collector accepted this contention and held that the application was time-barred. The d