JUDGMENT 1. The respondents have sought to support the lower Appellate Courts order only as based on the application of Somasundaram Pillai of 6th December 1905. We cannot treat the order dismissing it as one recognizing the validity of Somasundarams assignment, or in view of that order, which became final, assume that his assignment was valid. We, moreover, do not regard it as immaterial whether the maker of the application relied on as extending time failed to obtain recognition of his right and we respectfully dissent from Vasha Kuthiyakath v. Ashi Kalakath 5 Ind. Cas. 120 ; 7 M.L.T. 247, relied on by respondents. Holding that the application of 6th December 1905 is pot shown to have been made by a person entitled^ to make it, we decide that the present petition is put of time. 2. We, therefore, allow the appeal against appellate order and dismiss Execution Petition No. 514 of 1909 with costs throughout.