(1.) The 3rd defendant in O. S. No. 369 of 1094 of the Court of the District Munsiff, Karunagapally, is the appellant in this second appeal. He challenges the correctness of the decision of the courts below to the effect that the execution petition dated 28-10-1121 is not barred by limitation in view of S.48 (2) (a) of the Code of Civil Procedure:
(2.) The 3rd defendant raised a plea of discharge by a petition dated 26-10-1102. The petition was dismissed by the Munsiffs Court on 2-1-1104. Against the order of dismissal there was an appeal and also a second appeal. The second appeal was dismissed on 3-6-1106.
(3.) The only question for consideration as stated in the order of reference dated 24-10-1957 is: