HANEEFA ROWTHER Vs. N A ABDUL KAREEM

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure, is by the judgment debtors 2 and 3 in E. P. No. 6 of 1985 arising out of decree in O. S. No. 6 of 1971. The respondent No. 1 is the decree-holder. Respondent No. 2 is the judgment-debtor No. 1. Respondents Nos. 3 to 8 are the legal representatives of the decree-holder. They have not been joined as petitioners in the execution petition. The question is whether the Execution Petition No. 6 of 1985 filed on 1-1-1985 forexecution of the decree made on 7-4-1971 is barred by limitation prescribed by Article 136 of the Limitation Act.

(2.) A decree for recovery of Rs. 11,885/-with interest was made on 7-4-1971. After directing the judgment-debtors to pay the decretal sum, the decree goes on to record : "That the defendant be entitled to the benefit under Act II of 1970.? Act II of 1970 is the Kerala Agriculturists' Debt Relief Act (hereinafter referred to as the Act).

(3.) The execution petition was filed on 1-1-1985. It as filed 13 years 8 months and 23 days after the date of the decree. Article 136 of the Limitation Act which governs this case prescribes the limitation for filing an application. "For the execution of any decree ?.or order of any civil Court." The execution petition in question is an application to which Article 136 applies. Theperiod of limitation is 12 years. The time from which the period begins to run has beenspecified in Article 136 as under: "When the decree or order becomes enforceable or where decree or any subsequent order directs any payment or money or 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."