Supreme Court of India · 2005-05-13
Dr. Chiranji Lal (D) By Lrs vs Hari Das (D) By Lrs
- Citation / case number
- AIR 2005 SUPREME COURT 2564
- Court
- Supreme Court of India
- Petitioner
- Dr. Chiranji Lal (D) By Lrs
- Respondent
- Hari Das (D) By Lrs
- Bench
- R.C.Lahoti, G.P.Mathur
Judgment text excerpt
The Supreme Court held that the period of limitation for executing a decree in a partition suit under Article 136 of the Limitation Act, 1963 commences when the decree is engrossed on stamp paper, not from the date of the decree itself. The Court resolved a conflict among previous judgments, specifically referencing Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande, W.B. Essential Commodities Supply Corporation v. Swadesh Agro Farming & Storage Pvt. Ltd., and Hameed Joharan v. Abdul Salam, affirming that the engrossment is necessary for enforceability. The execution application was deemed timely as it was filed after the decree was engrossed, thus upholding the lower court's decision.