This is a Reference made in connection with an application for execution of a decree passed on the 19th December 1911. This application was the second application for the execution of the decree, and it was made on the 28th January 1916, more than three years after the first application which was made on the 7th January 1913. The decree-holder, however, alleged that there was a payment of one rupee by the judgment-debtor on the 27th August 1915; that is, within three years of the first application for execution. It has been found by the Munsif that the payment of Re. 1 was, in fact, made by the judgment-debtor as alleged by the decree-holder. But there is nothing to show that it was paid by way of interest and the decree did not bear any interest. We are of opinion that, although the decree-holder may either apply to certify the payment before execution or may do so in his application for execution of the decree, the provisions of sec. 20 of the Indian Limitation Act are in no way affected by it. The claim in the original suit no doubt included interest; but that interest has been rightly held by the Munsif to have merged in the decree and as the decree did not bear any interest, any payment made by the judgment-debtor must be taken to have been made in part payment of the principal, in which case it must appear in the handwriting of the judgment-debtor or of his agent duly authorised in this behalf, in order that a fresh period of limitation may run from the date of such payment under sec. 20 of the Limitation Act. Let the record be sent back.
S.C.M