( 1 ) THIS Letters Patent Appeal from the judgment of Newaskar, J. , in Miscellaneous appeal No. 76 of 1959, was referred to the Full Bench by a Division Bench consisting of Dixit, C. J. and Tare, J. The question which arises in this appeal is whether an order staying a process in an execution proceeding, or a "partial stay", as it has been sometimes called, is within Section 15 of the Limitation Act and excludes the period during which it was in force. That question arose in the following circumstances, which have been stated to us by the learned counsel as undisputed.

( 2 ) ON June 14, 1927, a money decree was passed in Civil Suit No. 62 of Samvat 1983 in the Court of the District Judge, Ujjain, (in the erstwhile Gwalior State), in favour of the predecessors-in-title of Kamnarayan appellant, who is now the decree-holder, against the predecessors-in-title of Chunnilal and Anandilal (respondents 3 and 4), now the judgment-debtors. Aggrieved by that decree, an, appeal was preferred to the Gwalior State High Court. During the pendency of the appeal, and in connection with stay of execution, Ratanlal, father of Anandilal and jankilal (respondents 1 and 2) stood surety f