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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Bhagwan Chand (died) Through His Legal Heir – Appellant
Versus
Chaman Lal (died) Through His Legal Heirs & Ors. – Respondents
Civil Revision No. 2480 of 2020
Decided On : 31-05-2022
Limitation - Execution of Decree - Permanent Injunction - The court dismissed the revision petition filed by the judgment debtor, ruling that the nature of the decree for permanent injunction remains the same, and no specific limitation is provided for implementing such a decree under Article 136 of the Limitation Act, 1963.
Fact of the Case:
The judgment debtor failed to implement the judgment and decree for permanent injunction. The petitioner argued that the limitation for filing the execution petition is three years, while the decree holders contended that the nature of the decree remained the same despite the petitioner's actions during the pendency of the suit.
Finding of the Court:
The court found that the nature of the decree for permanent injunction remained unchanged, and no specific limitation was provided under Article 136 of the Limitation Act, 1963 for implementing such a decree. As a result, the revision petition was dismissed.
Issues: Interpretation of the nature of the decree for permanent injunction and the applicability of limitation for implementing such a decree.
Ratio Decidendi: The court held that the nature of the decree for permanent injunction remains the same, regardless of the actions of the parties during the pendency of the suit. Additionally, the court noted that no specific limitation is provided under Article 136 of the Limitation Act, 1963 for implementing a decree for perpetual injunction.
Final Decision: The revision petition filed by the judgment debtor was dismissed.
JUDGMENT
Anil Kshetarpal, J. - The judgment debtor, after having failed to implement the judgment and decree passed against him, has filed the present revision petition.
2. The learned counsel representing the petitioner contends that the decree, which has been passed, is in the nature of mandatory injunction, therefore, the limitation for filing the execution petition is three years. He draws the attention of the Court to page 27 of the paper-book wherein the claim made in the suit, which was decreed, has been reproduced. The same reads as under:-
"CLAIM: Suit for permanent injunction to the effect that the defendants may be ordered to close two doors, two ventilators and a drain the all marked AD opening towards the site marked ABCD shown red in the site plan attached, owned and possessed by the plaintiff South Gali, East remaining house of the plaintiff West-House of Bhagwan Chand situated in Mohalla Saggian Nurmahal, Teh. Phillaur and not to commit such act in future".
3. Per contra, the learned counsel representing the decree holders has submitted that the petitioner, during the pendency of the suit, opened two doors, two ventilators and a drain, which forced the trial Court to mould the relief.
4. Once the trial Court has decreed the suit for grant of permanent injunction, may it be in the form of a direction, the nature of the decree passed by the Court will remain the same. These aspects have already been considered, in detail, by both the Courts below. Furthermore, as per Article 136 of the Schedule attached to the Limitation Act, 1963, to implement a decree for perpetual injunction, no limitation has been provided.
5. Keeping in view the aforesaid facts, the present revision petition is dismissed.
The nature of the decree for permanent injunction remains unchanged, and no specific limitation is provided under Article 136 of the Limitation Act, 1963 for implementing such a decree.
The larger limitation prescribed for the main relief is the foundation to decide whether the execution petition is within time or not, and the main relief granted would be unexecutable even if it is ....
A decree for permanent injunction is enforceable without a limitation period, while a decree for mandatory injunction is subject to a three-year limitation under the Limitation Act.
Decree of permanent injunction is not subject to limitation and can be enforced against the legal representatives of deceased judgment debtors.
The main legal point established in the judgment is that the nature of the decree, the applicability of the Limitation Act, and the validity of execution proceedings are crucial factors in determinin....
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