Supreme Court of India · 2008-05-27
Bikoba Deora Gaikwad & Ors vs Hirabai Marutirao Ghorgare & Ors
- Court
- Supreme Court of India
- Petitioner
- Bikoba Deora Gaikwad & Ors
- Respondent
- Hirabai Marutirao Ghorgare & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that an application for initiating final decree proceedings under Section 54 of the Code of Civil Procedure, 1908 is subject to the provisions of the Limitation Act, 1963, specifically Articles 136 and 137. The Court clarified that the decree dated 27.6.1975 was a preliminary decree, not a final decree, and thus the application filed after 17 years was barred by limitation. The Court upheld the High Court's dismissal of the writ petition challenging the rejection of the limitation objection.