BHAWANIPORE BANKING CORPORA-TION, LTD. vs GOURI SHANKAR SHARMA

The Supreme Court held that the execution of a decree is not barred by limitation under Article 182 of the Indian Limitation Act, 1908, despite the dismissal of an application for reopening the decree under Section 36 of the Bengal Money-lenders Act. The Court clarified that the term 'review' in Article 182 does not apply when the application is dismissed for default, as there was no substantive review of the decree. Furthermore, the appeal from the dismissal of the application under Order IX, Rule 9 of the CPC does not provide a fresh starting point for limitation under Article 182, Clause 2.