In cases where the decree of the trial court is carried in appeal and the appellate court disposes of the appeal after a contested hearing, the decree to be executed is the decree of the appellate court and not of the trial court. In Jowad Hussain vs. Gendan Singh & Ors.,(1) the, Privy Council while holding that the limitation of three years within 'which an application for a, final decree must be made runs fromthe date of the decree of the appellate court, quoted with approvalthe statement of law contained in the judgment of a learned judge of the Allahabad High Court to the following effect : "When an appealhas been preferred, it is the decree of the Appellate Court which is the final decree in the cause". (2) The Privy Council also adopted the statement contained in a judgment of Tudball J. to this effect : "When the Munsif passed the decree it was open to the plaintiff or the: defendant to accept that decree or to appeal. If an appeal is preferred,, the final decree is the decree of the Appellate Court of final jurisdiction. When that decree is passed, it is that decree and only that which can be made final in the cause between the parties." Thus, when the decree of the court of first instance is confirmed by the High Court and the latter
