JUDGMENT

Dalal, J. - A decree was passed on 29th March 1922. There was an application for execution in September 1923. A payment was certified on 16th February 1924, to the effect that a sum of Rs. 70 was paid in December 1923. The present application is one of 20th October 1927.

2. The learned Judge of the lower appellate Court held that limitation should count from 16th February 1924, when the certificate of payment was filed and the period of eight months eighteen days between the adjudication of the judgment-debtor as an insolvent and the annulment of the adjudication should be deducted under the provisions of Section 78(2), Provl. Insol. Act. That Court has made a slip in regarding the certificate as an application. Under Article 182, the period of limitation runs from the date of the application, and a certificate of payment is not an application as held recently in a Full Bench ruling Joti Prasad v. Sri Chand AIR 1929 All. 629(F.B.). The period of limitation must therefore run from December 1923 and in that case the application of 20th October 1927, would be time barred, even after the deduction of eight months and 28 days. Mr. Agarwala thereupon argued that the date of adjudi