Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2001

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.

HAMEED JOHARAN (DEAD) vs ABDUL SALAM (DEAD) BY LRS. · Niyam