M.F.SALDANHA
J. RAMA – Appellant
Versus
VIJAYA BANK, HEAD OFFICE, MANGALORE – Respondent
( 1 ) THIS civil revision petition raises an interesting point with regard to the manner in which the Provisions of article 136 of the Limitation Act are required to be interpreted insofar as the twelve year period in relation to the time limit for execution of decrees is concerned. A few relevant facts are that the respondent-bank had filed a suit in original suit No. 146 of 1974 in which a decree came to be passed on 10-6-1975. An application for execution of the decree being No. 249 of 1984 was filed before the lower court roughly 9 years after the passing of the decree. Undoubtedly, since article 136 prescribes a limitation of 12 years, the court entertained the application. It is presumed that the bank made certain efforts to execute the decree and that it was unsuccessful as a result of which, after the lapse of another 8 years an amendment application dated 13-8-1992 was filed before the executing court. Effectively, this was in the position of a new application because the law does not provide for any amendments as far as execution applications are concerned. The relief asked for was not anywhere akin to what was prayed for in the original application, but
SMT. SABITRI BALA MALLICK AND OTHERS V ALAK RANJAN PAUL AND OTHERS
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