Supreme Court of India · 2009-02-12
J.Kumaradasan Nair & Anr vs Iric Sohan & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1333
- Court
- Supreme Court of India
- Petitioner
- J.Kumaradasan Nair & Anr
- Respondent
- Iric Sohan & Ors
- Author
- S.B. Sinha
- Bench
- Mukundakam Sharma, S.B. Sinha
Judgment text excerpt
The Supreme Court interpreted Section 14 of the Limitation Act, 1963, in the context of execution petitions, holding that the dismissal of an execution petition due to limitation does not bar subsequent petitions if the decree is still valid. The Court emphasized that the heirs of the decree holder can pursue execution despite prior dismissals, provided they act within the prescribed limitation period. The appeal was allowed, setting aside the High Court's order that dismissed the execution petition as barred by limitation.