Limitation for execution applications bars late filing where prior appeal ends without a final order extending time.

An execution application was held time-barred because limitation had to be computed under Article 179 of the Second Schedule to the Indian Limitation Act, 1877, and the earlier appeal did not end in a final order capable of extending time. The appeal had been dismissed for want of prosecution under the Order in Council, so no valid saving event existed. As the application was filed after the prescribed period had expired, Section 4 required dismissal and the application was rightly treated as barred by limitation.

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Issues: Whether the application for execution filed on 2 October 1907 was barred by limitation and liable to be dismissed.

Analysis: The period of limitation for the execution application had to be computed under Article 179 of the second Schedule of the Indian Limitation Act, 1877. The prior proceedings did not produce a final order in appeal by His Majesty in Council; instead, the appeal stood dismissed for want of prosecution under Rule 5 of the Order in Council of 13 June 1853 without further order. As the execution application was made after the prescribed period had expired, Section 4 of the Indian Limitation Act, 1877 required dismissal unless a valid saving event existed, which it did not.

Conclusion: The application for execution was barred by limitation and was rightly required to be dismissed.

Ratio Decidendi: Where an execution application is filed after the statutory period has expired, and the appeal relied on does not end in a final order capable of extending limitation, the application is barred and must be dismissed.

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