The doctrine of merger and the starting period of limitation for execution of a decree are crucial legal principles established in the judgment.

JUDGMENT :

1. The present revision application has been filed by the applicant seeking quashing and setting aside the order dated 22.07.2021 passed by the Judge, Chamber Court No.16, Ahmedabad below application Exh.1 in Execution Petition No.178 of 2018 rejecting the same.

FACTS

2. The applicant is the original plaintiff and the respondent is the original defendant of Special Civil Suit No.46 of 1994. The suit came to be instituted to recover Rs.1,85,000/- with running interest @ 18% from the respondent on the basis of the settlement of the account in May 1994. The suit preferred by the applicant came to be allowed and the counter-claim preferred by the respondent came to be rejected on 11.09.2000 by the learned 3rd Joint Civil Judge (S.D.), Godhra, below Exh.180. On the same date, a decree was also to be drawn i.e. on 11.09.2000 below Exh.181.

2.1 Being aggrieved and dissatisfied by the judgment and decree passed by 3rd Joint Civil Judge (S.D.), Godhra dated 11.09.2000, the respondent preferred First Appeal No.2928 of 2000, which came to be disposed of vide order dated 26.07.2005 by directing the Registry to transfer the appeal to District Court, panchmahals at Godhra in view of the Gujarat Civil Courts Act, 2005 coming into force w.e.f. 09.05.2005.

2.2 Pursuant to the order passed by this Court dated 26.07.2005, a new case number of the appeal was registered by the District Court, Panchmahals at Godhra being Civil Appeal No.141 of 2005. It is pertinent to note that the applicant also preferred a counter-claim before the Court. During pendency of the said appeal before the District Court, Panchmahals at Godhra, the applicant preferred Execution Petition No.285 of 2013 before City Civil Court at Ahmedabad for the execution of the decree dated 11.09.2000 passed by 3rd Joint Civil Judge (S.D.), Godhra. The said execution petition came to be dismissed on 21.02.2014 by City Civil Court, Court No.10, Ahmedabad, on the ground of limitation, since the execution application came to be preferred after a lapse of 12 years.

2.3 The appeal preferred by the respondent against the judgment and decree passed by 3rd Joint Civil Judge (S.D.), Godhra came to be dismissed by 7th Additional District Judge, Panchmahals at Godhra on 30.12.2017. The decree is also drawn below Exh.59 by 7th Additional District Judge, Panchmahal at Godhra. Since the decree was drawn by the first appellate court, the applicant again filed Execution Petition No.178 of 2018 for the enforcement of the decree passed by 7th Additional District Judge, Panchmahals at Godhra which has been rejected vide impugned order which is under challenge in the present application.

2.4 The respondent challenged the judgment and decree passed by 7th Additional District Judge, Panchmahals at Godhra before this Court by filing the second appeal along with the application for condonation of delay of 68 days caused in preferring the second appeal. By an order dated 14.02.2020, Civil Application (for condonation of delay) No.2 of 2018 came to be allowed, and the delay in filing the second appeal came to be condoned. The main Second Appeal No.68 of 2020 is pending before this Court and no stay is granted against the implementation of the decree passed by the lower court.

SUBMISSIONS

3. Learned advocate Mr.Thakkar appearing for the applicant has submitted that the execution petition was filed by the applicant for execution of the decree rendered by 7th Additional District Judge, Panchmahals at Godhra and, therefore, it was filed within the period of limitation. It is submitted that the executing court ought to have considered the fact that the decree, which was sought to be enforced, was passed on 30.12.2017 and the execution petition was filed on 27.07.2018, which is within the period of limitation and, therefore, it could not have disallowed the application.

3.1 It is submitted that the executing cou