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october 2004

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.

CHANDI PRASAD vs JAGDISH PRASAD · Niyam