IMPORTANT POINT
Decree became enforceable the moment judgment is delivered and merely because there will be delay in drawing up of decree, it cannot be said that decree is not enforceable till it is prepared.

ORDER

Parthivjyoti Saikia, J.—Heard Mr. S. Chamaria, learned counsel appearing for the petitioner. Also Heard Mr. P.J. Saikia, the learned counsel appearing for the respondent.

2. This application filed u/s 115 of the Code of Civil Procedure, 1908, challenging the legality and validity of the order dated 07.02.2017, passed by the Munsiff No. 1 in Execution Case No. 01/2016 relating to T.S. No. 24/2003.

3. The petitioner filed a Title Suit against the respondent praying for recovery of vacant possession of the suit house after ejecting the respondent there from. The suit was decreed ex-parte vide judgment and order dated 23.12.2003. The decree was prepared and signed by the judge on 11.04.2004.

4. Thereafter, on 02.01.2016, the petitioner filed an application for execution of decree. The Court below on 07.02.2017, rejected the execution application filed under Order 21 Rule 11 of the Cr.P.C. The reasons for rejection of the application was that the said petition was barred by the limitation imposed by Article 136 of the Limitation Act, 1963.

5. Here the only point of determination is from which date the limitation runs. Is it from the date of the judgment and order or from the date of drawal of the decree?

6. In West Bengal Essential Commodities Supply Corporation -Vs- Swadesh Agro Farming & Storage Pvt. Ltd. & Anr reported in AIR 1999 SC 3421 in Para 8 of the Judgment, the Hon’ble Supreme Court has held as under:

“8. From a perusal of the Article, extracted above, it is clear that for execution of any decree (other than a decree granting a mandatory injunction) or order of a civil court, a period of 12 years is prescribed; Column 3 contains two limbs indicating the time from which period of limitation begins to run, that is, the starting point of limitation; they are: (i) when the decree or order becomes enforceable and (ii) 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 when default in making the payment or delivery in respect of which execution is sought, takes place. The proviso says that there shall be no period of limitation for enforcement or execution of decree granting a perpetual injunction. We are concerned here with the first of the above-mentioned starting points, namely, when the decree or an order becomes enforceable. A decree or order is said to be enforceable when it is executable. For a decree to be executable, it must be in existence. A decree would be deemed to come into existence immediately on the pronouncement of the judgment. But it is a fact of which judicial notice may be taken of that drawing up and signing of the decree takes some time after the pronouncement of the judgment; the Code of Civil Procedure itself enjoins that the decree shall be drawn up expeditiously and in any case within 15 days from the date of the judgment. If the decree were to bear the date when it is actually drawn up and signed then that date will be incompatible with the date of the judgment. This incongruity is taken care of by Order XX Rule 7 C.P.C. which, inter alia, provides that the decree shall bear the date and the day on which the judgment was pronounced.

Following the decision in West Bengal Essential Commodities Supply Corporation (Supra) in year 2001, in Antonysami appellant Vs. Arulanandam Pillai (D) by L.R..S. and another respondent reported in AIR 2001 SC 2967 in paragraph 12 held as under:—

“The position is well settled that ordinarily a decree becomes enforceable immediately after the judgment is pronounced. However, there may be situations when a decree may not be enforceable on the date it is passed. Usually this situation arises where in the decree itself the right of the decree-holder depends on happening of certain event or on fulfillment of certain other conditions by the parties in the cas