NEELA CHINNA Vs. GANGADHARAN PILLAI

JUDGEMENT

(1.) The petitioners are the decree - holders in OS No. 148 of 1979, on the file of the Munsiff's Court, Kottarakkara. The Execution Petition filed by them as EP No. 91 of 2000 was dismissed on the ground of limitation, which is under challenge in this Revision.

(2.) The decree was passed on 20/12/1986. The defendants filed appeal. The appeal was dismissed for default on 06/03/1996. The decree - holders filed an Execution Petition on 31/03/1999, which was dismissed for default on 26/05/2000. Later, the present Execution Petition, namely, EP No. 91 of 2000 was filed on 21/08/2000. The Execution Petition was dismissed by the order dated 21/10/2002 on the ground that it is barred by limitation. On 18/11/2002, the decree - holders filed a Review Petition as EA No. 217 of 2002. That Review Petition was dismissed on 04/11/2003. Meanwhile, the order dated 21/10/2002 was challenged in Revision on 30/05/2003.

(3.) Sri. T. K. Kurikesu, learned counsel appearing for the decree - holders submitted that the period of limitation for the Execution Petition is to be computed from 06/03/1996, the date on which the appeal was dismissed for default. He submitted that under Art.136 of the Limitation Act the period begins to run when the decree becomes enforceable. He stated that even if the dismissal of the appeal was for default, it is nevertheless a decision in the appeal and, therefore, time has to be computed from that date. Sri. Kurikesu relied on the decisions in Kamalamma v. Trivandrum Permanent Bank, 1986 KHC 303 : 1986 KLT 1181 : AIR 1987 Ker. 163 : 1986 KLN 549 : 1987 Bank J 339 Shyam Sundar Sarma v. Pannalal Jaiswal, 2005 KHC 34 : 2005 (1) KLT 198 (SC) : 2005 (1) SCC 436 : AIR 2005 SC 226 Meenakshi Amma v. Rama Kurup, 1973 KHC 112 : 1973 KLT 489 : 1973 KLJ 674 Sheodan Singh v. Daryao Kunwar, 1966 KHC 607 : AIR 1966 SC 1332 : 1966 (3) SCR 300 : 1966 ALJ 578 and Palichavla Venkataramana Reddy v. Chittamuru Subbarami Reddy and Another, 1969 (1) Andhra Law Times Reports 332.