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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
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 ["1961 Supreme(Online)(Mad) 14"].
Limitation Does Not Start from the Date of Signing Cost Memo or After Signing Cost Memo – Main points and insights:
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:- ["2024 0 Supreme(AP) 1289"]- ["2025 0 Supreme(Kar) 2219"]- ["2005 0 Supreme(Pat) 75"]- ["2024 0 Supreme(Pat) 449"]- ["2024 0 Supreme(Cal) 1504"]- ["1997 0 Supreme(J&K) 78"]- ["1961 Supreme(Online)(Mad) 14"]
In civil litigation, securing a decree is a major victory, but enforcing it within the prescribed time is equally critical. A common question arises: Does the limitation for execution count from the date of the decree or after signing the cost memo? This issue often trips up , leading to and lost rights. Under , the 12-year period typically begins when the decree becomes —generally the date of judgment or when the decree is drawn up and signed—not postponed by delays in procedural steps like signing the cost memo. [
#DecreeExecution #LimitationAct #CivilLawIndia
The factum of the payment of entire decree amount to the Decree Holder with cost was not looked into by the First Appellate Court or by the High Court nor did it attach any value to the memo of objections for setting aside sale. ... In the case on hand, it is not disputed that within the stipulated period of one month from the date of final bid in Court, the Petitioner - Judgment Debtor paid the decree amount to the Decree Holder an....
He contends that the filing of the execution petition is well within the period of limitation of 12 years, as the amount deposited by the DHR was on 21.03.2011, and therefore calculating the date of deposit from 21.03.2011 till the date of filing of the execution petition on 26.09.2022 is well within ... The submission of the learned counsel for judgment debtor cannot be accepted because as per Article 136 of the Limitation Act for execution of decree#HL_END....
Firstly, that as per Art. 136 of Limitation Act, limitation for filing the execution case should have been counted from 16.9.1988, the date of the order of this High Court and not from 21.12.1985, the date of judgment of the lower appellate Court which was challenged in Second Appeal. ... Hence, he claims that such rejection of the Second Appeal for default would not amount to a decree and cap not be considered for....
The decree holders filed an application for execution on 5.4.1991. The Apex Court has held that the period of limitation is not to be reckoned from the date of dismissal of the Civil Revision rather from the date when the decree becomes enforceable. ... Learned counsel for the respondent has further submitted that the period of limitation should be counted from the date when the decree becomes enf....
counted from that date under Article 136 of the Limitation Act. ... The Executing Court treated the date of order of the High Court dated 31.3.1976 as the date for the purpose of period of limitation and accordingly held that the execution case was not barred by limitation. ... or order and the period of limitation for the purpose of Article 136 of the Limitation Act is to be counted#HL_....
According to him the decree is enforceable from the date of decree. As per the instant decree there is a time schedule but the decree-holder did not follow the said time limit and as such the execution proceeding cannot be proceeded with. ... Learned counsel has further argued that though the decree was passed on 30.07.2007, and the present execution case was filed on 12.08.2022, still the instant proceeding is not#HL_END....
Only when in this 'Final Decree Application', the Court directs the plaintiff to deposit the amount found due to the defendant in particular period, as stipulated in the decree, the period of limitation will start running and not from the date when the decree is passed in the suit. ... The Court however is not absolved from the necessity for passing a final decree and there is no provision for the execution of the preliminary #HL_S....
Thus, it was held that the execution petition was filed within the stipulated period of limitation from the date of the decree by the High Court on 30 October 1986. ... Article 136 prescribes 12 years period of limitation for the execution of any decree other than a decree granting mandatory injunction. A decree for perpetual injunction, however, is not subject to any period of limitation. ... Con....
In fact, Article-135 of Limitation Act is very clear in terms and states that limitation of 3 years for the enforcement of decree granting a mandatory injunction shall be counted from the date of the decree or where a date is fixed for performance, such date. ... Where an application to set aside an ex parte decree is dismissed and the appeal against the said dismissal is also dismissed, limitation for ex....
Further more it is the mandatory provision of law that notice is to be put up notifying this fact So it is only on that count that the date of paying of the cost of the copy and the date on which copy is delivered will both be excluded in obtaining the copy and these dates in between will be counted ... So this question required return of the finding whether appeal is barred by limitation or not? As shown in the foregoing paras, the appeal prima facie was not barred b....
In terms of Article 136, the decree becomes enforceable in normal and usual circumstances, unless the contrary intention is indicated in the decree itself. Where, however, by mistake of the Court, a decree bears a date which from the date of the judgment, and being misled thereby the decree-holder applies for execution within the prescribed period from the date as found in the decree, the execution application would be regarded as being in time on the principle of maxim actus curiae neminem gravabit – an act of the Court shall prejudice no man. The Article makes it clear that the time runs f....
There may be cases where certain amounts such as mesne profits have to be ascertained at a later date and in such cases the decree would be enforceable from the date of ascertaining the mesne profits. It is also submitted that since no appeal is pending against the said decree, the decree has become final. He has relied on the decisions reported in Sri Chandra Mouli Deva Vs. It is also his submission that there may be many reasons for making a decree at later date, there may be delay in filing the costs memo by the advocates and there may be delay in preparing the decree, and merel....
The time spent in prosecution of Civil Revision Application is only of three years. The limitation for execution of the decree begins from the date of decree. Even if we exclude time spent in prosecuting the Revision, still the revival application is hopelessly barred by limitation.
Thus no error has been committed by the court below which has decided the question of limitation. The appeal has got no force and is dismissed with costs." "In collector of Customs v. East India Commercial Co. Ltd. (AIR 1963 SC 1 (24) it was observed that "the appellate order is the operative order after the appeal is disposed of, which is the basis of the rule that the decree of the lower court merges in the same principle it would not be incorrect to say that the order of the original authority is merged in the order of the appellate authority whatsoever its decision whether of reversal or....
8. The respondent/plaintiff opposed both the applications on the ground that the registered envelope containing summons was delivered to them and the delivery is also acknowledged by the defendant through their telegram. The defendant examined one L.N. Malani in support of their application. The plaintiff did not examine any witness in rebuttal. Therefore, the limitation should be counted from the date of decree and not from the date of knowledge of ex-parte decree.
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