SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1988 Supreme(Bom) 358

V.A.MOHTA
Ramkrishna Bajirao Gotmare – Appellant
Versus
Kanhaiyalal Tribhuwanlal Shah – Respondent


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 pe




























































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top