Limitation for execution runs from the appellate decree when an appeal is admitted, heard, and decided.

For execution of a mortgage decree, Article 182 of Schedule I to the Indian Limitation Act, 1908 was construed to mean that limitation begins from the appellate decree once there has been an appeal, without any qualification as to whether the appeal was regular, competent, or by the same parties. A request to an appellate court to set aside or revise a subordinate court's decision was treated as an appeal in the ordinary sense, and once such appeal was admitted, heard, and decided, the appellate decree became the operative starting point for limitation. The application for execution was therefore within time.

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Issues: Whether, for execution of the mortgage decree, limitation under Article 182 of Schedule I of the Indian Limitation Act, 1908 began to run from the date of the original decree of the Subordinate Judge or from the date of the appellate decree, where an irregular appeal had been admitted, heard, and dismissed.

Analysis: The expression "where there has been an appeal" in Article 182 was held to require no qualification as to the character of the appeal or the parties to it. Any application to an appellate court asking it to set aside or revise a subordinate court's decision is an appeal in the ordinary sense, even if irregular or incompetent, and once such appeal is admitted, heard, and decided, the appellate decree becomes the relevant starting point for limitation. The provision was construed according to its plain words, and equitable considerations were held to be irrelevant where the language is clear.

Conclusion: Limitation for execution ran from the date of the appellate decree, so the execution application was within time.

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