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october 2004

Supreme Court of India · 2004-10-01

Chandi Prasad & Ors vs Jagdish Prasad & Ors

Court
Supreme Court of India
Petitioner
Chandi Prasad & Ors
Respondent
Jagdish Prasad & Ors
Author
S.B. Sinha
Bench
N. Santosh Hegde, S.B. Sinha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court addressed the enforceability of a decree under Article 136 of the Limitation Act, 1963, clarifying that the starting point for limitation in execution cases is the date when the decree becomes enforceable. The Court held that the amendment to Article 182, which consolidates the starting dates into one, indicates that in the absence of a stay order, the date of the trial court's decree is the enforceable date. The appeal was dismissed, affirming the High Court's decision that the execution application was not barred by limitation.

Chandi Prasad & Ors vs Jagdish Prasad & Ors · Niyam