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1980 Supreme(Bom) 14

R.A.JAHAGIRDAR, SUJATA V.MANOHAR
TALAKCHAND JAYACHAND DOSHI by his heirs SHRIPAL TALAKCHAND DOSHI – Appellant
Versus
BHAICHAND GAUTAMCHAND DOSHI since deceased by his heirs RAJENDRA BHAICHAND DOSHI – Respondent


JUDGMENT

JAHAGIRDAR J. - [After negativing the contentions regarding non-registration of the decree within time as also the objection as regards the power of attorney in paragraphs I to 5, the Judgment proceeds]-

6. The most substantive challenge which was made by Mr. Pinge to the maintainability of the Darkhast was one based upon the alleged bar of limitation. It is submitted that the Darkhast which was filed on 10th of December 1968 is hopelessly barred by time considered from any angle. The basis of this argument is that under the Limitation Act of 1963, the period of limitation prescribed for an execution application under Article 136 is twelve years. The starting point of the period of limitation, in so far as it is relevant for the purpose of this appeal, is the time when default was made in making the payment of money as required by the decree. Mr. Pinge says that under the decree which is sought to be executed, the entire decretal amount became payable as soon as there were defaults in the payment of six instalments. According to him, such defaults had taken place in the year 1954 itself and, theref9re, this execution application filed in the year 1968 is barred by time. Th










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