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february 2009

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.

J.Kumaradasan Nair & Anr vs Iric Sohan & Ors · Niyam