Supreme Court of India · 2004-10-01
CHANDI PRASAD vs JAGDISH PRASAD
- Citation / case number
- SC 2001/10932
- Court
- Supreme Court of India
- Petitioner
- CHANDI PRASAD
- Respondent
- JAGDISH PRASAD
- 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, determining that the execution of a decree is governed by the date it becomes enforceable. The Court clarified that the amendment to Article 182, which consolidates the starting point for limitation to the date of enforceability, must be interpreted to mean that execution applications are not barred by limitation if filed after the decree becomes enforceable. The appeal was dismissed, affirming the lower court's ruling that the execution application was not time-barred.