RAM BACHAN RAI Vs. RAM UDAR RAI

JUDGEMENT

(1.) The High Court of Patna dismissed the Civil Revision filed by the appellant summarily. Challenge in the Civil Revision was to the order passed by the learned Subordinate Judge, VII, Patna in execution proceedings. By the said order Subordinate Judge held that the plea raised by the appellant about the execution petition being barred by time in terms of Article 136 of the Limitation act, 1963 (in short the 'limitation Act') was untenable.

(2.) Learned Subordinate Judge held that the period of limitation starts running not from the date of decree, but when the decree becomes enforceable i. e. when it is signed.

(3.) In support of the appeal strong reliance was placed on several decisions of this court i. e. W. B. Essential Commodities Supply Corpn. v. Swadesh agro Farming and Storage Pvt. Ltd. and another (1999 (8) SCC 315) , Hameed Joharan (Dead) and others v. Abdul Salam (Dead) by LRs. and others (2001 (7) SCC 573).