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.