Searching Case Laws & Precedent on Legal Query.....!

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• Limitation Period Starts from the Date When the Decree Becomes Enforceable or from the Date of the Decree/Order – Main points and insights:
• Several sources emphasize that the limitation period for executing a decree is to be counted from the date the decree or order becomes enforceable, not necessarily from the date of signing or passing the decree. For example, ["Sudarshan Prasad VS Rajpati Devi - Patna"] states, the period of limitation is to be reckoned from the date when the decree becomes enforceable.
• Some cases specify that if the decree or order is subject to future events or conditions (e.g., fixing a date for performance), the limitation period may start from that specified date rather than the date of the decree itself ["Prem Kumar Chowdhury VS Jiyajeerao Cotton Mills Limited - Calcutta"].
• In certain instances, the limitation period is considered to begin from the date of the final decree or from the date of the order dismissing an appeal or revision, especially when the decree merges with appellate or revisional orders ["Uma Shankar Sharma VS State Of Bihar - Patna"], ["Nirmala Devi VS Hira Lal Swarnkar - Patna"].

• When a decree is amended or a subsequent order is passed, the limitation may run from the date of the amended decree or the latest enforceable order ["Arnmugam Chettiar v. V. Kalyansundaram Pillai - Madras"].

• Limitation Does Not Start from the Date of Signing Cost Memo or After Signing Cost Memo – Main points and insights:

• Multiple sources clarify that limitation does not commence from the date of signing or submitting the cost memo of the decree. Instead, it starts from the date when the decree or order becomes enforceable, which is often distinct from the signing date ["Ganta Subbayamma Died VS Vetsa Satyanarayana Died - Andhra Pradesh"], ["Nirmala Devi VS Hira Lal Swarnkar - Patna"].
• For instance, ["Ganta Subbayamma Died VS Vetsa Satyanarayana Died - Andhra Pradesh"] notes that the payment of the entire decree amount and filing objections within the stipulated period influence the enforceability, but the limitation period is tied to the enforceability date, not the signing of the cost memo.
• In cases involving interim or partial payments or submissions of objections, the courts have consistently held that the limitation clock begins from the enforceability date, not from the date of signing or filing the cost memo ["Prem Kumar Chowdhury VS Jiyajeerao Cotton Mills Limited - Calcutta"], ["Mohd. Amin Rather VS Khadi And Village Industries Board, J&K - Jammu and Kashmir"].
• The judgment in ["Uma Shankar Sharma VS State Of Bihar - Patna"] confirms that the date of the decree or order, rather than the date of signing the cost memo, determines the start of limitation.

Analysis and Conclusion:The consensus across the cited cases is that the limitation period for executing a decree is to be counted from the date the decree or order becomes enforceable, which may be the date of the decree itself, the date of dismissal of an appeal or revision, or the date of an amended decree, rather than from the date of signing or submitting the cost memo. This aligns with the principle that limitation begins when the decree is capable of being executed, not when the formalities like signing or cost submission occur.

References:- ["Ganta Subbayamma Died VS Vetsa Satyanarayana Died - Andhra Pradesh"]- ["H N Mahesh S/o Sri H R Nanjegowda vs K M Basavaraj S/o Late Patel Mallegowda - Karnataka"]- ["Uma Shankar Sharma VS State Of Bihar - Patna"]- ["Nirmala Devi VS Hira Lal Swarnkar - Patna"]- ["Prem Kumar Chowdhury VS Jiyajeerao Cotton Mills Limited - Calcutta"]- ["Mohd. Amin Rather VS Khadi And Village Industries Board, J&K - Jammu and Kashmir"]- ["Arnmugam Chettiar v. V. Kalyansundaram Pillai - Madras"]