Supreme Court of India · 2006-05-05
Ram Bachan Rai & Ors vs Ram Udar Rai & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 2248
- Court
- Supreme Court of India
- Petitioner
- Ram Bachan Rai & Ors
- Respondent
- Ram Udar Rai & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the period of limitation for executing a decree under Article 136 of the Limitation Act, 1963 commences from the date the decree becomes enforceable. The Court found that the execution application filed by the respondents on 5.4.1991 was beyond the 12-year limitation period, as the ex parte decree dated 3.5.1976 had merged with the dismissal of the Civil Revision on 6.4.1987. Consequently, the Court set aside the High Court's order that had summarily rejected the Civil Revision filed by the appellants under Section 115 CPC.