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1976 Supreme(Cal) 41

SABYASACHI MUKHARJEE
SUNDERLAL AND SONS – Appellant
Versus
YAGENDRA NATH SINGH – Respondent


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 executi





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