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SANDEEP KUMAR
Sudarshan Prasad, son of Sri Yadunandan Prasad – Appellant
Versus
Rajpati Devi, wife of Sri Ramyatan Prasad – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel for the respondent.
2. In this case, the petitioner has challenged the order dated 16.12.2019 passed by the learned Munsif, Hilsa in Execution Case No.01 of 2018, by which the objection petition dated 06.04.2019 filed by the petitioner opposing the maintainability of the said execution case, has been dismissed.
3. It is the case of the petitioner that the respondent herein filed a suit for specific performance of contract in the Court of learned Munsif, Hilsa on 18.02.1994 against one Sheo Nandan Matho (defendant no.1 therein) which was registered as Title Suit No.14 of 1994. In the said suit, the present petitioner was also made as defendant No.2 as he was the subsequent purchaser. In the aforesaid suit, it was alleged that the defendant no.1 had executed a sale deed on 20.01.1993 in favour of the respondent but later failed to appear before the registering authority for admission of execution of the said sale deed. Therefore, the respondent-plaintiff had made a prayer in the suit to direct the defendant no.1 to appear before the registering authority and to admit the execution of sale deed or in alternative pass
The execution of an ex parte decree is not barred by limitation if the decree has merged with a revisional order, resetting the limitation period for enforcement.
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
The doctrine of merger and the starting period of limitation for execution of a decree are crucial legal principles established in the judgment.
The enforceability of a decree begins from the judgment of the appellate court, not from the original decree, thus validating timely execution petitions.
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