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1987 Supreme(Cal) 346

AJIT KUMAR NAYAK, A.M.BHATTACHARJEE, NIRENDRA KRISHNA MITRA
BHOLANATH KARMAKAR – Appellant
Versus
MADANMOHAN KARMAKAB – Respondent


Advocates Appeared:
Ashoke Kumar Chakraborty, KAMAL KRISHNA CHAKRAVARTY, P.B.DAS, SAUMENDRA KUMAR GHOSH, SWAPAN KUMAR NANDY

A. M. BHATTACHARJEE, J.

( 1 ) THE question involved in this revisional application referred to this Special Bench is when a final decree for partition becomes enforceable within the meaning of Article 136 of the Limitation Act, 1963 so that the period of limitation prescribed, therefore, would begin to run thereunder shorn of details not necessary for our present purpose. Article 136 of the Limitation Act provides that "for the execution of any decree (other than a decree granting a mandatory injunction)", the period of limitation is 12 years and that the time from which that period would begin to run is "when the decree becomes enforceable. " If a final decree for partition of immovable properties becomes enforceable on the date of its being made or pronounced by the Court, as contended by the opposite parties, the execution in this case was rightly held to be barred by time and the revision must fail. If on the other hand such a decree does not become enforceable until the same is engrossed on requisite stamp papers, as urged by the petitioners, the impugned order holding the execution to be time barred was wrong and the revision must succeed.

( 2 ) WE have heard four days toge




















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