SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2007 Supreme(J&K) 32

Y.P.NARGOTRA
J&K Bank Ltd. – Appellant
Versus
Amar Poultry Farm – Respondent


Advocates Appeared:
Advocate For Appellant: S.D. Sharma
Advocate For Respondent: Sindhu Sharma
Advocate For Appellant: Sunil Sethi

The common but important question of law arising for consideration in these revision petitions is--

"What is the period of limitation for filing an application seeking enforcement of the decree of a civil Court and for that matter whether the successive independent application(s) for execution of the decree of the Civil Court are permissible and if permissible what is the period of limitation for such execution application?

@BTNSSF = 2. Answer to the above question has to be found from the provisions made in Sections 48 of the Jammu and Kashmir Code of Civil Procedure, 1977 and Article 182 of the Jammu and Kashmir Limitation Act. It shall, therefore, be apt to take notice of the above provisions.

@BTNSSF = Section 48 C.P.C. reads:--

"48. Execution barred in certain cases--(1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of twelve years from--

(a) the date of the decree sought to be executed, or

(b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certa








































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top