PREM LATA AGARWAL vs LAKSHMAN PRASAD GUPTA & ORS.

The Supreme Court ruled that the execution application filed by the respondent on 13th August 1956 was not barred by limitation under Section 15 of the Limitation Act, 1908, which excludes the time of any injunction staying execution. The Court held that the respondent had bona fide pursued execution and that the stay orders were unqualified, preventing earlier applications for execution. Additionally, the principle of res judicata barred the appellant from contesting the execution on limitation grounds, as they did not challenge prior orders. The Court clarified that the limitation period for execution applications must comply with Article 182 of the Limitation Act, 1908, and Section 48 of the Code of Civil Procedure, 1908.