Supreme Court of India · 2001-08-13
Hameed Joharan (D) And Ors vs Abdul Salam (D) By Lrs. And Ors
- Citation / case number
- AIR 2001 SUPREME COURT 3404
- Court
- Supreme Court of India
- Petitioner
- Hameed Joharan (D) And Ors
- Respondent
- Abdul Salam (D) By Lrs. And Ors
- Bench
- A.P. Misra, Umesh C. Banerjee
Judgment text excerpt
The Supreme Court addressed the issue of the plea of limitation in the execution of decrees under the Limitation Act, 1963, specifically Article 136, which prescribes a twelve-year period for execution from the date the decree becomes enforceable. The Court emphasized that 'execution' refers to the process of enforcing a court's judgment, as defined in various legal texts. The judgment clarified the legislative intent behind the limitation period, distinguishing it from earlier provisions in the Limitation Act of 1908, which allowed only three years for execution.