The period of limitation for the execution of a decree begins from the date on which the decree became enforceable, as provided under Art.136 of the Limitation Act, 1963.

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 He refers to the provisions of the Limitation Act, 1963 (hereinafter referred to as 'the repealed Act').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 counsel submits that the period begins to run only from the date of the amendment. He says that this principle applies even under the present Act. According to him the petition filed within 12 years from the date of the amendment, notwithstanding that more than 12 years have elapsed since the date of the original decree, is within time.

3. Art.182 of the repealed Act had to be read in conjunction with S.48 of the Code of Civil Procedure which was repealed by S.28 of the present Act. S.48 of the Code of Civil Procedure provided for an outer limit of 12 years for the execution of a decree. This maximum period of 12 years from the date of the decree, as provided under S.48, was the total time allowed for the execution of a decree, although the three year period provided under Art.182 of the repealed Act ran from the date of the amendment of a decree. In other words, under the repealed Act, although the period of limitation began to run afresh with every amendment, the decree became barred upon the expiry of 12 years from the date of the original decree. See Ganeshmal Pasmal v. Nandlal Tulsiran (AIR. 1954 Bombay 104)

4. S.48 of the Code of Civil Procedure was found to be no longer necessary when Art.182 of the repealed Act was replaced by Art.136 of the present Act. That is why S 48 of the Code of Civil Procedure was repealed by S.28 of the present Act. The principle of S.48 of the CPC. is now embodied in Art.136 of the present Act which provides for a 12-year period of limitation for the execution of a decree. The period begins to run from the date on which the decree became enforceable and that in the present case was the date of the decree itself. Although the decree underwent a change with its amendment on 24-7-1962, until the date of the amendment, the decree in its original form was enforceable as from the date on which it was passed, that, is 28-6-1961. It was that date which is crucial for computing the period of limitation as provided under Art.136. That being the case the execution petition filed on 23-2-1974 is out of time. It was rightly so held by the courts below. The appeal is accordingly dismissed. The parties will however bear their respective costs.