NCLAT: Can’t Dismiss Restoration App. if Filed in 30 Days from Date of Dismissal of Original App.  ||  Delhi HC: Communication between Parties through Whatsapp Constitute Valid Agreement  ||  Delhi HC Seeks Response from Govt. Over Penalties on Petrol Pumps Supplying Fuel to Old Vehicles  ||  Centre Notifies "Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025"  ||  Del. HC: Can’t Reject TM Owner’s Claim Merely because Defendant Could have Sought Removal of Mark  ||  Bombay HC: Cannot Treat Sole Director of OPC, Parallelly with Separate Legal Entity  ||  Delhi HC: Can Apply 'Family of Marks' Concept to Injunct Specific Marks  ||  HP HC: Can’t Set Aside Ex-Parte Decree for Mere Irregularity  ||  Cal. HC: Order by HC Bench Not Conferred With Determination by Roster is Void  ||  Calcutta HC: Purchase Order Including Arbitration Agreement to Prevail Over Tax Invoice Lacking it    

Shaifuddin (Dead) Thr. Lrs. Vs. Kanhaiya Lal (Dead) Thr. Lrs . - (Supreme Court) (24 Apr 2023)

Limitation period for execution of decree commences only when the decree becomes enforceable

MANU/SC/0437/2023

Limitation

By way of present appeal, the judgment passed by the High Court is assailed on the ground that the execution application was filed after 12 years from the date of the decree, and the same was therefore, barred by time. The question which arises in present Appeal is whether the date on which the compromise decree dated 26th April, 1960 was entered into or the date when the final decree was passed by the Civil Court in Suit, will be considered for establishing the period of limitation under the Limitation Act, 1963 for instituting execution proceedings?

A perusal of the clause of the compromise decree clearly shows that, during the pendency of the suit, the Appellant surrendered the land to the State Government. Notably, this compromise decree was entered into wherein it was specified that if due to such surrender, the Respondents (Decree holders) were to lose possession of the land, then the Appellant (Judgement Debtor) would give 1 bigha and 5 biswas to the former.

The facts of the instant appeal reveal that the cause of action to execute the compromise decree arose, when the premises were taken away from the possession of the Decree holders (Respondents Nos.1 to 4). The dispossession of the Respondents was confirmed vide final decree passed by the Civil Court in Suit when rights in favor of third person, namely, were finally determined. Hence, the cause of action would arise only on 31st March, 1994. The prerequisite for enforceability of clause 6 is the dispossession of the Defendants, de facto or de jure.

Clause 6 of the compromise decree could not have been executed unless the Decree Holders were to lose their right of possession, which fact was not a possibility unless such rights stood conclusively determined by the Civil Court.

The limitation period would commence only with the decree becoming enforceable and thus is capable of being executed. In the instant case, the relevant date from which the period of limitation will begin only with effect from 31st March, 1994. The period of twelve years is computable from the said date, hence the Execution Application made on 17th July, 1995 is within Limitation. During the pendency of this appeal, the opportunity for compromise was given to the parties. But, no compromise could be arrived at. Courts below rightly held that, the Execution Application is within Limitation. Appeal dismissed.

Tags : LIMITATION PERIOD   COMMENCEMENT   DECREE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved