SHAIFUDDIN (DEAD) Vs. KANHAIYA LAL (DEAD)

JUDGEMENT

(1.) By way of this appeal, the judgment dtd. 4/1/2006 in Civil Revision No. 715/2002 passed by the High Court of Madhya Pradesh, is called into question by the appellants. This order 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. Consequently, it is prayed that the Revisional Court was not justified in dismissing the revision petition.

(2.) The question which arises in this Appeal before us is whether the date on which the compromise decree dtd. 26/4/1960 was entered into in Civil First Appeal No.11/1959 or the date when the final decree was passed by the Civil Court in Suit No. 30 A/87 i.e. 31/3/1994, will be considered for establishing the period of limitation under the Limitation Act, 1963 (hereinafter "the Act") for instituting execution proceedings?

(3.) It is imperative to discuss the legislative provision governing the limitation period in the execution of a decree i.e., Article 136 of the Act. The said Article is specific as it prescribes and deals with the applications for the execution of decrees and orders. It provides that the execution proceedings have to be initiated within 12 years from the date when the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place.