Supreme Court of India · 2006-05-05
RAM BACHAN RAI vs RAM UDAR RAI .
- Citation / case number
- SC 1996/243
- Court
- Supreme Court of India
- Petitioner
- RAM BACHAN RAI
- Respondent
- RAM UDAR RAI .
- Author
- ARIJIT PASAYAT
- Bench
- TARUN CHATTERJEE ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the period of limitation for executing a decree under Article 136 of the Limitation Act, 1963, begins from the date the decree becomes enforceable, not from the dismissal of a civil revision. The Court clarified that the execution application filed after 14 years was barred by limitation, as the decree was passed on 3.5.1976 and the execution application was filed on 5.4.1991. The Court upheld the decision of the lower courts, affirming that the execution was not legally enforceable due to the lapse of time.