Dharmadhikari, J. -- 1. The learned Single Judge (B.C. Varma, J. as he then was) in the course of deciding this appeal on 28.7.1983 noticed conflicting decisions of the two Division Benches of this Court on the question of the applicability of the provisions of Article 182 of the Limitation Act, 1908 and has, therefore, referred the following questions to the Full Bench for decision:

(1) Whether the word 'appeal' as used in Clause (2) of Article 182 of the Limitation Act, 1908 means an appeal from a decree which is sought to be executed or it will include even an appellate order made on refusing to set aside the ex-parte decree, and

(2) Whether contesting an application by judgment-debtor for setting aside an ex-parte decree under Order 9, Rule 13 of the Civil Procedure Code, constitutes a step-in-aid within the meaning of Art. 182 (5) of the Indian Limitation Act, 1988?

2. Before pointing out the conflict of decisions between the two Division Benches of this Court, the factual back-ground in which the two questions arise may be set out.

3. In Civil Suit No. 14-A of 1944, on 27.4.1946 the Court of Additional District Judge, Bilaspur passed the preliminary decree for foreclosure o