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Supreme Court of India · 2017-08-16

M/S MISRA AND CO vs DAMODAR VALLEY CORPORATION

Citation / case number
SC 2016/31521
Court
Supreme Court of India
Petitioner
M/S MISRA AND CO
Respondent
DAMODAR VALLEY CORPORATION
Author
ASHOK BHUSHAN
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's application under Article 227, affirming the High Court's ruling that the execution of the decree was barred by limitation as per the provisions of the Civil Procedure Code. The Court noted that the execution application was filed more than fifteen years after the decree dated 16.03.1991, thus falling outside the permissible period under Section 47 read with Section 151 of the CPC. The Court emphasized the importance of timely execution of decrees to prevent prolonged litigation, especially against public sector corporations.

M/S MISRA AND CO vs DAMODAR VALLEY CORPORATION · Niyam