Supreme Court of India · 2008-03-26
Kanagavalliammal & Ors vs R. Balasubramanian
- Citation / case number
- AIR 2008 SUPREME COURT 1991
- Court
- Supreme Court of India
- Petitioner
- Kanagavalliammal & Ors
- Respondent
- R. Balasubramanian
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the Execution Petition No. 177 of 1995 was not maintainable as it was filed beyond the limitation period prescribed under the Pondicherry Limitation (Repeal of Local Law) Act, 1994. The Court clarified that the earlier Execution Petition No. 369 of 1986 was dismissed for default, and thus, there was no continuation of proceedings. The Court set aside the High Court's order, ruling that the Execution Petition was barred by limitation as per Section 4(b)(i) of the Act, which requires applications to be made within 90 days after the commencement of the Act.