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august 2001

Supreme Court of India · 2001-08-10

A.C. Arulappan vs Smt. Ahalya Naik

Citation / case number
AIR 2001 SUPREME COURT 2783
Court
Supreme Court of India
Petitioner
A.C. Arulappan
Respondent
Smt. Ahalya Naik
Bench
A.P.Misra, Umesh C Banerjee

Judgment text excerpt

The Supreme Court addressed the issue of limitation in the execution of decrees under Article 136 of the Limitation Act, 1963, which prescribes a twelve-year period for execution from the date the decree becomes enforceable. The Court emphasized that the term 'execution' refers to the process of enforcing a judgment, as articulated by Lord Denning and supported by historical legal texts. The judgment clarified that the legislative intent behind the Limitation Act is to provide a clear timeframe for the execution of decrees, thus upholding the twelve-year limitation period established in the current statute.

A.C. Arulappan vs Smt. Ahalya Naik · Niyam