( 1. ) THIS miscellaneous second appeal arises out of a reference and it raises a question as to the construction of the word "appeal" in clause (2)of Article 182 of the Indian Limitation Act, 1908. The question posed is as under: "whether the word "appeal" as used in clause (2) of the Article means an appeal from the decree which is sought to be executed or could it include even an appeal from an order made in miscellaneous proceeding under Order 9, Rule 13 refusing to set aside the ex parte decree?"

( 2. ) ACCORDING to the rules of this Court, such miscellaoeous second appeals are ordinarily heard by a single Bench and was accordingly laid before the learned single Judge (Honble Raina J. ). The learned single Judge was however, of the opinion that since some High Courts have taken the view that the word "appeal" in clause (2) of Article 182 does include an appeal from an order refusing to set aside the ex parte decree and that there being sufficient scope to construe the word "appeal" in the said manner in view of certain observations made by their Lordships of the Privy Council in the case of nagendranath Dey v. Sureshchandra Dey, AIR 1932 PC 165 at p. 167. the matter