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may 2023

Supreme Court of India · 2023-05-10

BHASKER vs AYODHYA JEWELLERS

Citation / case number
SC 2017/15392
Court
Supreme Court of India
Petitioner
BHASKER
Respondent
AYODHYA JEWELLERS
Author
HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court examined the starting point of limitation for filing an application under Rule 95 of Order XXI of the CPC in the context of property sold in execution of a decree. The Court analyzed whether the limitation period begins from the date of sale confirmation or from the issuance of the sale certificate. The Court emphasized the importance of the date of issuance of the sale certificate as the relevant starting point for limitation. The judgment clarified the legal position regarding limitation in execution proceedings and upheld the decision of the High Court.

BHASKER vs AYODHYA JEWELLERS · Niyam