JUDGMENT

1. The following two questions have been referred to this Full Bench for answers:

(1) Whether an order passed in the following terms without notice to the parties, namely, 'execution struck off for partial satisfaction of the decree; costs on the judgment-debtors', is to be construed only as a provisional order suspending the application for execution, or as a 'final order passed on an application made' as referred to in Clause (5), Article 182, Lim. Act; and

(2) Whether an acknowledgment of liability by some only of the heirs of a mortgagor against whom a decree for sale on the basis of a mortgage has been passed operates to save limitation as against the other heirs of the mortgagor, as well as against the makers of the acknowledgement.

2. In this case a mortgage decree for sale was put in execution in 1928 against several judgment-debtors who were the heirs of the original mortgagor. The property was non-ancestral, but was assessed to Government revenue; and so the executing Court directed the Collector to sell the property. The Collector, as the sale officer, had fixed 20th June 1928 for sale, when Rs. 300 appear to have been paid by the judgment-debtors to the decree-hold