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.