Supreme Court of India · 2001-08-13
HAMEED JOHARAN (DEAD) vs ABDUL SALAM (DEAD) BY LRS.
- Citation / case number
- SC 1995/1900
- Court
- Supreme Court of India
- Petitioner
- HAMEED JOHARAN (DEAD)
- Respondent
- ABDUL SALAM (DEAD) BY LRS.
- Author
- BANERJEE. Availability of the plea of limitation in the matter of
- 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 'execution' refers to the process of enforcing a court's judgment, and it is completed when the judgment creditor receives what is awarded. The judgment clarified the historical context of limitation laws in India, tracing their evolution from the Limitation Act of 1859 to the current statute, and upheld the twelve-year limitation period for executing decrees.