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1965 Supreme(Ker) 255

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
State of Kerala – Appellant
Versus
Kesvan Govindan – Respondent


Judgment :-

1. This appeal filed by the judgment-debtor raises the question whether the execution petition is barred by limitation. The decree is for payment of money passed on 31-3-1954 against the State. The execution petition was filed by the decree holder on 7-2-1959. The contention of the State that the execution petition is barred by limitation was overruled by the court below.

2. It is agreed by both sides that the question of limitation has to be decided in the light of sub-sections 1 and 2 of S.82 of the Code of Civil Procedure as it stood prior to its amendment by Central Act 66 of 1956. Sub-sections 1 and 2 of S.82 (before its amendment by Act 66 of 1956) read:

"(1) Where in a suit by or against the Government, or by or against a public officer in respect of any such act as aforesaid, a decree is passed against the Union of India or a State or, as the case may be, the public officer, a time shall be specified in the decree within which it shall be satisfied; and, if the decree is not satisfied within the time so specified, the Court shall report the case for the orders of the State Government

(2. Execution shall not be issued on any such decree unless it remains unsatisfied












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