Judgment :- 1. In this appeal filed by the decree-holder the only question is whether the Execution Petition No. 1612 of 1960 filed on 5121960 is barred by limitation. 2. The facts necessary for the disposal of the second appeal are stated below: A simple money decree was passed by the Munsiff's Court, Coimbatore, on 18 61953. The decree was transferred for execution to the Munsiff's Court, Trivandrum, where execution petition 1419 of 1956 was filed. The said E. P. was dismissed on 10 71957. Subsequently the decree-holder filed E. P. 1612 of 1960 in the Munsiff's Court, Trivandrum, on 5121960. It was contended by the decree-holder that the said E. P. was filed within three years of E. A. 1359 of 1959 filed on 19 61959 in the Munsiff's Court, Coimbatore, which is an application for a step-in-aid of execution within the meaning of Art.182, clause (5) of the Limitation Act and therefore E. P. 1612 of 1960 is within time. The judgment-debtor contended that E. A. 1359 of 1959 is not an application for a step-in-aid of execution and therefore E. P, 1612 of 1960 is barred by limitation, as it was filed beyond three years from the dismissal of E. P. 1419 of 1956. 3. The only question to be decided in the appeal is whether E. A. 1359 of 1959 is an application to take some step-in-aid of execution. E. A. 1359 of 1959 filed in the Munsiff's Court, Coimbatore, containing the order thereon is marked here Ex. P-2. The lower appellate court was of the view that Ex. P-2 is not an application to take some step-in-aid of execution as it thought that Ex. P-2 was a purposeless application. The prayer in E. A. 1359 filed in the Munsiff's Court, Coimbatore, was to retransfer the decree to the Trivandrum Munsiff's Court, for execution with the certificate of non-satisfaction. In view of this, the application is one in aid of execution. The contention of the learned advocate for the respondent is that in view of the prayer in Ex. P-2 "to send for the decree copy which is at present in the Trivandrum court under Order XIII, R.10, Code of Civil Procedure", Ex. P-2 is a purposeless application and cannot be considered as one in aid of execution. This contention cannot be accepted. The main prayer in Ex. P-2 "to send for the decree copy which is at present in the Trivandrum court under Order XIII, R.10, Code of Civil Procedure", Ex. P-2 is a purposeless application and cannot be considered as one in aid of execution. This contention cannot be accepted. The main prayer in Ex. P-2 is to send the decree for execution to the Munsiff's Court, Trivandrum, with the certificate and the other prayer being only under Order XIII, R.10, does not affect or qualify the substance or effectiveness of the main prayer. In this view the decision in Maruti Bansi v. Nanjappa Chetty (AIR. 1942 Nagpur 63) cited by the respondents' advocate cannot apply to the facts of this case. It has therefore to be held that E. A. 1359 is an application in aid of execution and E. P. 1612 of 1960 having been filed within three years of the order passed on that application is within time. 4. In the result, the judgment and decree of the learned District Judge are set aside and the second appeal is allowed restoring the decision of the Munsiff. Since Ex. P-2 application was only produced in this Court, the parties will bear their costs in this Court. Allowed.