AGARWALA, J.:- This is a judgment-debtors appeal arising out of execution proceedings. A preliminary decree for partition of certain joint family property was passed on 18-5-1933 against the appellant and his father. They filed an appeal to the High Court which was dismissed on 30-3-1939. They went up to the Privy Council in appeal. The appeal was, however, dismissed with costs on 6-4-1948. During the pendency of the appeal to the Privy Council the trial court passed the final decree on 28-4-1945. This decree was against the appellant alone as his Father Basdeo Sahai had died during the pendency of the appeal in the Privy Council.

The decree directed a partition of the immoveable property in suit, and also awarded to the plaintiff a certain amount to be paid by the appellant An execution application to execute the final decree was made on 9-9-1949 as against the appellant and the prayer was to realise the amount decreed by attachment and sale of the personal property of the appellant. The execution application was obviously within three years of the decision of the appeal from the preliminary decree by the Privy Council, but beyond three years of the date of the final decre