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may 2006

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.

Ram Bachan Rai & Ors vs Ram Udar Rai & Ors · Niyam