1. The time taken for obtaining a certified copy of the decree cannot be excluded for the purpose of limitation under Article 136 of the Limitation Act, 1963. 2. An unregistered firm cannot maintain an application for execution of a decree under Section 69 of the Partnership Act, 1932.

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application for execution. The decree was passed on 18th September, 1962. The decree-holder applied for certified copy on the 15th September, 1962. He obtained the said certified copy on the 15th March, 1964. The application for execution was made on the 10th June, 1975. The question, is, whether the said decree can be executed now. In this application two contentions were urged it was submitted, firstly, that the claim for execution had become barred by lapse of time. It was, secondly, submitted that the execution being by an unregistered firm, such execution was not permissible. So far as the first question of limitation is concerned the relevant Article is Article 136 of the Limitation Act, 1963. The said Article provides as follows:"136. For the execution of any decree (other than a decree granting a mandatory injunction) of order of any Civil Court. Twelve Years When the decree or order becomes enforceable or 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, when default in making the payment or delivery in respect of which execution is sought takes place; provided that an application for the enforcement or execution of a decree granting a prepetual injunction shall not be subject to any period of limitation. " in this connection reference may be also made to Article 135 of the Limitation Act which is to the following effect:"for the enforcement of a decree granting a mandatory injunction Three Years The date of the decree or where a date is fixed for performance such date. "

( 2 ) CONTENTION on behalf of the decree-holder is that the time taken for obtaining certified copy of the decree should be excluded. It was contended that in view of the provisions of Rule 10 of Chapter 17 of the Rules of the Original Side of this Court a decree could not be put into execution without obtaining a certified copy of the decree. Therefore, it was submitted that the decree did not become enforceable until after the certified copy had been obtained. In the premises, it was urged that the time taken for obtaining the certified copy was the time to make the decree enforceable and until that time the decree not being enforceable time would not run. The expression 'right to enforce the decree' came up for consideration by a Division Bench of this court in the case of Lala Baijnath Prosad v. Narsingdas Guzrati, in the context of the provisions of Article 183 of the Limitation Act, 1908. The Division Bench observed that Article 183 spoke of 'a present right to enforce the decree'. It did not speak of a right under the decree but of the right to enforce it. In other words, it did not speak of the rights to the benefit provided for under the decree but of the right to put the decree into service for the purpose of extracting those benefits. The Division Bench came to the conclusion that in a case where the nature of the decree was such that it was immediately executable the starting point of limitation would be the date of passing of the decree and not when the certified copy of the decree as is required by Chapter 17, Rule 10 of the High Court was obtained. Though the language used in the present Article is different, I am of the opinion, that the ratio of the said decision would be applicable in the instant case. The legislative intent on this aspect is manifest by the fact that the legislature has chosen not to exclude the period of time taken for obtaining the certified copy for the purpose of execution under Section 12 of the Limitation Act, in the face of such specific exclusion for certain other specified purposes in the different categories of exclusion, to exclude the time for obtaining certified copy for execution proceeding would be, in my opinion, going contrary to the expressed legislative intention. Section 12 of the Limitation Act does not permit exclusion of this period. On the contra

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