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may 1984

Supreme Court of India · 1984-05-10

ANANDILAL & ANR. vs RAM NARAIN & ORS.

Citation / case number
SC 1971/60341
Court
Supreme Court of India
Petitioner
ANANDILAL & ANR.
Respondent
RAM NARAIN & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the term 'execution' in Section 15(1) of the Limitation Act, 1908, encompasses all means of enforcing a decree, including partial stays. The Court found that a partial stay does not negate the decree's executability, thus allowing the decree-holder to exclude the period of stay from the limitation period prescribed under Section 48 of the Code of Civil Procedure, 1908. The appeal was dismissed, affirming the Full Bench's interpretation that the decree-holder was entitled to the benefit of exclusion under Section 15(1).

ANANDILAL & ANR. vs RAM NARAIN & ORS. · Niyam