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1978 Supreme(Ker) 119

T.KOCHU THOMMEN
OUSEPH – Appellant
Versus
LONA – Respondent


Judgment :-

1. The only question which arises in this appeal is as regards the date on which the period of limitation begins to run for the execution of a decree. The decree was passed on 28-6-1961. It was subsequently amended on 24-7-1962 The execution petition was filed on 23-2-1974. If the period began to run from the date of the original decree, the execution petition was filed out of time, that is more than 12 years. On the other hand, if the crucial date is the date of the amendment of the decree, that is 24-7-1962, the execution proceeding was begun within time

2. The relevant provision of the Limitation Act, 1963 (hereinafter referred to as 'the present Act') is Art.136 which reads as follows:

In the instant case the decree was enforceable on the date of the passing of the decree, that is, 28-6-1961. It is however contend d on behalf of the appellant that, for the purpose of limitation, the decree has to be taken to be enforceable only as from the date of its amendment. He refers to the provisions of the Limitation Act, 1963 (hereinafter referred to as 'the repealed Act'). Art.182 of that Act provided for a different period of limitation. It stated:

Relying upon this provision


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