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 certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree;.

(2) Nothing in this section shall be deemed--

(a) To preclude the Court from ordering the execution of a decree upon an application presented after the expiration of the said term of twelve years, where the judgment debtor has, by fraud or force prevented the execution of the decree at some time within twelve years immediately before the date of the application.

(b) Omitted.

@BTNSSF = And Article 182 of the Limitation Act provides as follows:--

@Z_TBL_BEG = COLUMNS(3), DIMENSION(IN), COLWIDTHS(E1,E1,2.2000), ABOVE(.1000), BELOW(.1000), HGUTTER(.0555), VGUTTER(.0555), BOX(Z_SINGLE), HGRID(Z_SINGLE), VGRID(Z_SINGLE), KEEP(OFF)

@Z_TBL_BODY = TBLCN, TBLCN, TBLCN

Description of application, Period of Limitation, Time from which period begins to run.

@Z_TBL_BODY = TBL6LFT, TBL6LFT, TBL6LFT

For the execution of a decree or order of any Civil Court not provided for, Three years or,, where a certified copy of the decree., 1. The date of the decree or order,, or,

@Z_TBL_BODY = TABLE TEXT, TABLE TEXT, TBL6LFT

, , 2. (Where there has been an appeal) the date of the final decree or order of the Appellate Court,, or the withdrawal of the appeal,, or

, , 3. (where there has been a review of judgment) the date of the decision passed on the review,, or

, , 4. (where the decree has been amended) the date of amendment,, or

, , 5. (where the applica-tion next hereinafter mentioned has been made) the date of the final order passed on application made in accordance with law to the proper Court for execution or to take some step in aid of the execution of the decree or order,, or

, , 6. (in respect of any amount,, recovered by execution of the decree or order,, which the decree holder has been directed to refund by a decree passed in a suit for such refund) the date of such last mentioned decree or,, in the case of an appeal there from,, the date of the final decree of the Appellate Court or of the withdrawal of the appeal,, or

, , 7. (Where the application is to enforce any payment which the decree or order directs to be made at a certain date) such date.

@Z_TBL_END =

@BTNSSF = 3. From the bare reading of above two provisions juxta posed, it is manifest that Article 182 deals with the period of limitation for filing an execution application for the first time for seeking enforcement of a decree or final order of a Civil Court, whereas Section 48 deals with the subsequent application(s) which may be filed for seeking execution of the decree where the decree has remained un-satisfied despite filing of the first (previous application). Section 48 fixes the outer limit after which the execution of the unsatisfied decree or final order canno

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