JUDGMENT - MOHTA V.A., J.:---What is the starting point of limitation to file an application under Article 136 of the Limitation Act, 1963, for execution of a decree affirmed in appeal and when there was no stay, is a point to be determined in this civil revision application. That under the old Limitation Act, 1908, starting point was the date of appellate decree in such a situation, is not disputed before me. Contention is that the new Act has brought about a change in the legal position by which time begins to run form the date of passing of the original decree, since it is enforceable from that very date. Article 136 is worded as under:

For the execution of Twelve years. When the decree or order becomes

any decree (other than enforceable or where the decree or

a decree granting a any subsequent order directs any mandatory injunction) payment of money or the delivery of or order of any Civil any property to be made at a certain Court. date or at recurring periods, when default in making the payment or delivery in respect of which execu- tion is sought, takes place:

Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation.

2. Basic facts lie within a narrow compass. A money decree for a sum of Rs. 6000/- and odd was passed by the trial Court on 30-7-1968. Appellate Court affirmed the said decree on 17-10-1969 and no stay under Order 41, Rule 5 of the Civil Procedure Code was even applied for by the Judgment debtor. Application for execution was filed on 30-4-1981. Judgment debtor contended that starting point of limitation would run from the date of original decree and thus the application was beyond limitation under Article 136 of the new Act. That objection is overruled open a view that starting point would be the date of appellate decree and not the original decree. Aggrieved thereby the present civil revision application is filed.

3. Section 48, Civil Procedure Code (now deleted) and Articles 182 and 183 of the Old Act covered the subject of limitation to execute various decrees. They read thus:-

"Section 48(1). Where an application to execute a decree not being decree granting an injunction has been made no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of 12 years from

(a) the date of the decree sought to be executed, or,

(b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree."

Article 182:

For the execution of Three years; 1. The date of the decree of order, or

a decree or order of or where a 2. (where there has been an appeal)

any Civil Court not certified the date of the final decree or order

provided for by copy of the of the Appellate Court or the with-

Article 183 or by decree or drawal of the appeal, or

section 48 of the order has 3. (where there has been a review of judg-

Code of Civil been regis- ment) the date of the decision passed on

Procedure, 1908. tered, six the review, or

years. 4. (where the decree has been amended) the date of amendment, or

5. (where the application next hereinafter mentioned has been made) the date of the final order passed on an application made in accordance with law to the proper Court for execution, or to take some step in aid

of execution of the decree or order, or

6. (in respect of any amount recovered by execution of the decree or order which the decree holder has been directed to refund by a decree passed in a suit for such refund) the date of such last mentioned decree or in the case of an appeal therefrom, the date of the final decree of the Appellate Court or of the withdrawal of the appeal or,

7. (whe

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