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DWARKA DHISH BANSAL
Rajdhar S/o. Tilakdhari – Appellant
Versus
Dhokiya W/o. Ramgopal – Respondent
ORDER :
Dwarka Dhish Bansal, J.
This civil revision has been preferred by the applicants/judgment debtors 1-2 challenging the order dated 29-10-2015 passed by 1st Civil Judge Class-II, Sirmour, District Rewa in Execution Case No. 66-A/2006 whereby applicants/judgment debtors 1-2’s objection/application under Order 21, Rule 23(2) CIVIL PROCEDURE CODE for dismissal of execution proceedings as barred by limitation, has been dismissed.
2. Short facts of the case are that in the civil suit filed for declaration of title/share(s), partition and separate possession as well as for mesne profits, 1st Civil Judge Class II, Rewa in Civil Suit No. 66-A/74 passed judgment and decree on 31-3-1979, which was affirmed by District Judge, Rewa vide judgment and decree dated 27-8-1982 and finally the matter was decided on 1-2-1988 by High Court in SA No. 584/1982. Relevant paragraph 8 and 9 of the judgment passed in second appeal, are quoted as under :—
Point of Law : A perusal of the provisions of Section 42 CPC makes it pellucid that an Executing Court to which the decree is transferred for execution has all the powers of the Court originally poss....
The enforceability of a decree begins from the judgment of the appellate court, not from the original decree, thus validating timely execution petitions.
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
Suit is decreed or a preliminary decree is granted within a year or two, the final decree proceeding and execution takes decades for completion. This is an area which contributes to considerable dela....
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