Damodaran Pillai & Others vs South Indian Bank Ltd

The Supreme Court interpreted sub-rule (3) of Rule 106 of Order XXI of the Code of Civil Procedure, holding that an application for restoration of an execution petition must be filed within 30 days of the order, and Section 5 of the Limitation Act, 1963 does not apply to such cases. The Court ruled that the Executing Court lacks inherent power to condone delays beyond the stipulated period. Consequently, the appeal was allowed, and the order of the High Court was set aside.