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december 1950

Supreme Court of India · 1950-12-01

YESWANT DEORAO DESHMUKH vs WALCHAND RAMCHAND KOTHARI.

Citation / case number
SC 1950/26
Court
Supreme Court of India
Petitioner
YESWANT DEORAO DESHMUKH
Respondent
WALCHAND RAMCHAND KOTHARI.
Bench
AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court held that an application for execution of a decree made after 12 years from the decree and 3 years from the last execution order was barred under Article 182 of the Limitation Act, despite claims of fraudulent concealment by the judgment-debtor. The Court clarified that while Section 48 of the Civil Procedure Code allows for execution applications, it does not negate the necessity to consider the limitation period under Article 182. The Court concluded that the fraud did not prevent the decree-holder from knowing his right to execute the decree, thus Section 18 of the Limitation Act was not applicable.

YESWANT DEORAO DESHMUKH vs WALCHAND RAMCHAND KOTHARI. · Niyam