Judgment

Arijit Pasayat, J.—The High Court of Patna dismissed the Civil Revision filed by the appellant summarily. Challenge in the Civil Revision was to the order passed by the learned Subordinate Judge, VII, Patna, in execution proceedings. By the said order Subordinate Judge held that the plea raised by the appellant about the execution petition being barred by time in terms of Article 136 of the Limitation Act, 1963 (in short the ‘Limitation Act’) was untenable.

2. Learned Subordinate Judge held that the period of limitation starts running not from the date of decree, but when the decree becomes enforceable i.e. when it is signed.

3. In support of the appeal strong reliance was placed on several, decisions of this Court i.e. W.B. Essential Commodities Supply Corpn. v. Swadesh Agro Farming & Storage Pvt. Ltd. and Anr. (1999(8) SCC 315), Hameed Joharan (Dead) and Ors. v. Abdul Salam (Dead) by Lrs. and Ors. (2001(7) SCC 573).

4. In Hameed Joharan’s case (supra) it was held after referring to the meaning to the word ‘enforce’ from various dictionaries words ‘when the decree or order becomes enforceable’ should be read in literal sense and as per intention of the legislators 12 years pe