Limitation Act (9 of 1908), s. 15 and Art. 182 and Code of Civil Procedure Act 5 of 1908), s. 48-Scope of.

The first respondent, in 1938, obtained a decree against the appellant's branch of a joint family, and in 1941, commenced proceedings for the execution of the decree in Allahabad. Meanwhile, in 1939, a final decree had been passed in a suit for partitioning the family properties among the members of the joint family, and the matter was taken up in appeal to the High Court of Allahabad. Certain orders were passed by the High Court which were construed by the executing court in the years 1941 and 1942 as stay orders of the execution proceedings commenced by the- respondent. The High Court passed a final decree in the partition suit in December 1949, but did not immediately discharge the Receivers who were appointed during the pendency of the suit. The respondent revived the execution proceedings in May 1950 and a mill belonging to the joint family was attached and sold but the sale was set aside in 1955 us the appellant's branch applied for relief under the U.P. Encumbered Estates Act, 1934. Thereafter, in 1956, the decree in favour of the respondent was transferred to Madras High Court for execution and on 13th August. 1956, the respondent filed an execution application, for attainment of certain properties which fell to the appellant's share.