JUDGMENT :

This is Original Petition filed under Section 227 of the Constitution of India. The petitioner who filed E.P.69/2004 before the Subordinate Judge, Palakkad is aggrieved by order dated 25.02.2011 whereby the learned Sub Judge dismissed the E.P holding that the decree sought to be executed is barred by limitation.

2. Heard the learned senior counsel Adv. S.V.Balakrishna Iyer appearing for the petitioner and Adv. Sajan Varghese appearing for respondents 1 and 2.

3. It is argued by the learned senior counsel that while executing a decree, the period of limitation shall be counted from the date of amendment of the decree if the amendment sought for is not merely a clerical mistake. In support of this contention the learned counsel placed reliance on a decision of the Apex Court, reported in [AIR 2004 SCC 4822] Akkayanaicker vs. AAA Kotchadainaidu and Another. In the said decision while dealing with an execution petition where question of limitation was raised, the apex court held as under:

“In view of the words "when the decree or order becomes enforceable" occurring in Article 136 of the Limitation Act, 1963, the starting point of limitation would be the date on which the decree