1. The question that poses itself in this appeal is whether the institution of a suit to vacate an order under O. 38, R. 8 C.P.C. would proprio vigore operate in favour of the decree - holder to enable him to exclude the time contemplated by S.15 of the Limitation Act .

2. The facts leading to this Civil Miscellaneous Appeal are not in dispute and lie in a narrow compass. The respondent filed a suit against the appellant for recovery of a sum of Rs. 14,680/- and also applied for attachment before judgment of certain properties as belonging to the appellant. One of the items of property attached was claimed by his wife as her own and not as part of the property belonging to the appellant. The claim was disallowed in 1953. Ultimately, a decree was entered in favour of the plaintiff - respondent on 21-11-1953. Mean