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may 2005

Supreme Court of India · 2005-05-13

CHIRANJI LAL (D) BY LRS. vs HARI DAS (D) BY LRS.

Citation / case number
SC 2000/20098
Court
Supreme Court of India
Petitioner
CHIRANJI LAL (D) BY LRS.
Respondent
HARI DAS (D) BY LRS.
Author
Y.K. Sabharwal
Bench
CJI R.C.LAHOTI,Y.K.SABHARWAL,G.P.MATHUR

Judgment text excerpt

The Supreme Court clarified that under Article 136 of the Limitation Act, 1963, the period for executing a decree in a partition suit commences when the decree is engrossed on stamp paper, not from the date of the decree itself. The Court upheld the decision of the Division Bench which stated that until the decree is engrossed, it is merely a judgment and not enforceable. This ruling resolves the conflict among previous two-Judge Bench decisions regarding the starting point of limitation for execution of partition decrees.

CHIRANJI LAL (D) BY LRS. vs HARI DAS (D) BY LRS. · Niyam