REGENT COMPUTRONICS PVT. LTD.

HAMEED JOHARAN Appellant

V/S

ABDUL SALAM Respondents

Referred Judgements :-

BHAJAN BEHARI SHAHA V. GIRISH CHANDRA SHAHA [REFERRED]
YOUNG V. BRISTOL AEROPLANE CO. LTD. [REFERRED]
RE : OVERSEAS AVIATION ENGINEERING (G.B.) LTD. [REFERRED]
RAKHIT V. CARTY [REFERRED]
LONDON GRAVING DOCK CO. LTD. V. HORTON [REFERRED]
HERRINGTON V. BRITISH RAILWAYS BOARD [REFERRED]
SHANKAR BALWANT LOKHANDE V. CHANDRAKANT SHANKAR LOKHANDE [REFERRED]
YESHWANT DEORAO VS. WALCHAND RAMCHAND [REFERRED]
MUNICIPAL COMMITTEE AMRITSAR VS. HAZARA SINGH [REFERRED]
AMAR NATH OM PRAKASH FOOD CORPORATION OF INDIA VS. STATE OF PUNJAB [REFERRED]
MUNICIPAL CORPORATION OF DELHI VS. GURNAM KAUR [REFERRED]
WEST BENGAL ESSENTIAL COMMODITIES SUPPLY CORPORATION VS. SWADESH AGRO FARMING AND STORAGE PRIVATE LIMITED [REFERRED]
VIJAY LAXMI SADHO VS. JAGDISH [REFERRED]
KOTIPALLI MAHALAKSHMAMMA VS. KOTIPALLI GANESWARA RAO [REFERRED]
BISWAPATI DEY VS. KENNSINGTON STORES [REFERRED]
BHOLANATH KARMAKAR VS. MADANMOHAN KARMAKAB [OVERRULED]
SUBHASH GANPATRAO BUTY VS. MAROTI [REFERRED]
KISHORI MOHAN PAL VS. PROVASH CHANDRA MONDAL [REFERRED]

JUDGEMENT

(1.) - Availability of the plea of the limitation in the matter of execution of decree has been the key issue in this appeal. The word 'execution' stands derived from the Latin 'ex seque' meaning, to follow out follow to the end, or perform and equivalent to the French 'executor', so that when used in their proper sense, all three convey the meaning of carrying out some act or course of conduct to its completion (vide vol.33 -- Corpus Juris Secundum).

(2.) Lord Denning in Re Overseas Aviation Engineering (G.B.) Ltd., LR 1963 : Ch. 24 has attributed a meaning to the word execution as the process for enforcing or giving effect to the judgment of the Court and stated :

(3.) Before, adverting to the factual aspect of the matter, a brief re-capitulation of the various periods of limitation as prescribed under the Limitation Act as engrafted in the Statute Book from time to time would be convenient. Law of Limitation in India, as a matter of fact, was introduced for the first time in 1859 being revised in 1871. 1877 and it is only thereafter, the Limitation Act of 1908 was enacted and was in force for more than half century till replaced by the present Act of 1963 (see in this context B.B.Mitra : the Limitation Act 20th Ed.)

Click here to view full judgment.

HAMEED JOHARAN D Vs. ABDUL SALAM D

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address