PARBATI DEVI & ORS. vs MAHADEO PRASAD TIBREWALLA

The Supreme Court held that the execution of a mortgage decree instituted in 1965 was not barred by limitation under Section 48 of the Code of Civil Procedure or Article 183 of the Limitation Act, 1908. The Court clarified that the settlement order dated June 17, 1953, did not supersede the original decree but merely quantified the amount due and prescribed the mode of satisfaction. The daughter of the deceased judgment-debtor was competent to represent her father's estate, and the execution proceedings were valid despite the absence of the executor's substitution.