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2005 Supreme(SC) 843

G. P. MATHUR, Y. K. SABHARWAL
Chiranji Lal (D) By Lrs. – Appellant
Versus
Hari Das (D) By Lrs. – Respondent


Judgement Key Points

The key point established in this legal document is that the starting point of limitation for the execution of a partition decree cannot be made contingent upon the engrossment of the decree on stamp paper. Instead, the limitation period begins from the date when the final decree is passed. The engrossment on stamp paper is considered a ministerial act that does not suspend or delay the commencement of limitation, which is governed by the statutory period prescribed under the relevant limitation law (!) (!) (!) .

Furthermore, the document clarifies that the act of furnishing stamp paper and engrossing the decree on it is within the control and discretion of the parties involved and does not influence the enforceability of the decree. The decree becomes enforceable from the date of the final decree itself, and the limitation period for execution begins from that date, regardless of when the decree is engrossed on the stamp paper (!) (!) (!) .

It is also emphasized that the law does not prescribe a statutory time frame for furnishing stamp papers or engrossing the decree, and the absence of such a requirement means that the limitation period cannot be deferred or suspended until the decree is engrossed. Any attempt to link limitation to the engrossment process would lead to unreasonable or absurd results (!) (!) .

In summary, the legal principle is that the limitation period for executing a partition decree starts from the date of the final decree and is not dependent on the engrossment of the decree on stamp paper. The engrossment is a procedural act that does not affect the enforceability or the commencement of limitation.


Judgment

Y.K. Sabharwal, J.—Article 136 of the Limitation Act, 1963 (for short ‘the Act’) prescribes a period of twelve years for the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. It provides that the period would commence when the decree or order becomes enforceable.

2. The question that arises for determination in this matter is when would the period of limitation for execution of a decree passed in a suit for partition commence. In other words, question is when such a decree becomes enforceable - from the date when the decree is made or when the decree is engrossed on the stamp paper. Which, out of these two, would be the starting point of limitation?

3. The facts are brief and undisputed. In a suit for partition filed against the predecessor-in-interest of the appellants, final decree was passed on 7th August, 1981 in favour of the predecessor-in-interest of the respondents. The stamp papers required for engrossing the decree were furnished by respondents on 25th May, 1982 and the decree was engrossed thereafter. There was no order of the Court directing the parties to furnish stamp papers for the purposes of engrossing






























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