1983 Supreme(AP) 203

Andhra Pradesh High Court
Judges : PAJMA KHASTGIR
Champalal Jajodia - Appellant
Versus
Life Insurance Corporation of India - Respondent
I.C.No.3/82
Decided On : 05-04-83
.

Headnote:Civil PC, O20, R11 -Instalment decree - Decree holder not exercising option under default clause - Law of limitation governing

       HELD : The instalment decree provided that on the judgment debtor defaulting in payment of three instalments the decree shall be executed to recover the entire balance decree amount Instalments were regularly paid till April 1972 Under Art 136 Limitation Act 1963 the decree holder could execute the decree within 12 years from the date it becomes enforceable and since the default committed in 1972 rendered it enforceable the execution petition filed in 1978 was not barred by limitation Defendant contended that a default was committed in 1970, that execution ought to have been levied within 3 yeas of the default under Article 137 and that therefore the decree had become bared by limitation and unexcitable It was held that the default of the year 1970 did not render the decree enforceable since it was not a default of three instalments in terms of the decree