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may 2005

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.

Dr. Chiranji Lal (D) By Lrs vs Hari Das (D) By Lrs · Niyam